S.Udhayakumar v. The Director Of Fisheries
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.UDHAYAKUMAR ... Petitioner Vs 1.
THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES, 3RD FLOOR, INTEGRATED ANIMAL HUSBANDRY AND FISHERIES BUILDING, NANDANAM, CHENNAI-600 035.
2.
THE JOINT DIRECTOR OF FISHERIES, 3RD FLOOR, DMS CAMPUS, CHENNAI-600 006.
3.
THE ASSISTANT DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES AND FISHERMEN'S WELFARE, FISHING HARBOUR MANAGEMENT WING, ROYAPURAM, CHENNAI-600 013.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 17.12.2024 sent to the second and third respondents to allot a suitable space (shed/chamber) to him within the fish auctioning hall to Chennai Kasimedu Fishing Harbour. For Petitioner : Mr.N.Manikandan For R1 to R3 : Mr.S.Senthil Murugan Special Government Pleader 1/6
ORDER
This writ petition is filed with a prayer to direct the respondents to consider the petitioner's representation dated 17.12.2024 and to allot a suitable space for the petitioner within the fish auctioning hall at Chennai Kasimedu Fishing Harbour.
2. The grievance of the petitioner is that the auctioning hall has already been constructed with funds allocated by the Government of India. Several rooms/spaces are available as of now. Without properly allotting the same to the petitioner, the spaces have been left idle, enabling the persons to encroach upon and illegally occupy the said premises. The petitioner, therefore, made a representation requesting that one such space be allotted to him, as he is a fisherman involved in the activity. His representation was forwarded by a communication dated 02.01.2025. However, no further action has been taken, and hence, the petitioner is before this Court. 3.When the matter came up for hearing, Mr.S.Senthil Murugan, the learned Special Government Pleader appearing on behalf of the respondents would submit that the Chennai Fishing Harbour land is under the control of 2/6
the Chennai Fishing Harbour Management Committee. The said committee was formed by the Government of India through its order dated 14.09.2007 to maintain and manage the affairs of the Chennai Fishing Harbour. The matter is entirely within the domain of the Said committee to allot the land as requested by the petitioner. Even recently, the committee announced an etender cum auction for 5 vacant plots in the Chennai Fishing Harbour for allotment on an annual lease basis for a period of 10 years and the last date for submission of the e-tender is on 07.04.2025 at 3.00 PM. The petitioner can also submit an application on the said websites, www.eprocure.gov.in or www.chennaiport.gov.in. Under these circumstances, the petitioner's earlier representation was also forwarded to the Committee. However, neither the Committee nor the Government of India is made a party in the writ petition.
4. I have considered the rival submissions made on either side and perused the material records of the case.
5. It is now stated that the issue of allotment of space as requested by the petitioner is done only by the Chennai Fishing Harbour Management Committee. There are two options open to the petitioner. Firstly, since the etender has been floated and the last date is 07.04.2025, it would be open for 3/6
the petitioner to participate in the said e-tender. If the petitioner is successful and found eligible, the Chennai Fishing Harbour Management Committee can allot one such chamber to the petitioner, subject to the result of the tender. If the petitioner wants to make any further submissions, the earlier application has already been forwarded by the respondents, by communication dated 02.01.2025. The petitioner, along with a copy of this order, shall make a fresh representation to the Chennai Fishing Harbour Management Committee. The committee shall consider the petitioner's representation in accordance with the law and pass orders thereon. In any case, the reasons and the decision has to be communicated to the petitioner. The said exercise shall be completed within twelve weeks from the date of receipt of the petitioner's representation. The parties shall act on the web copy of this order without waiting for the certified copy.
6. In view thereof, this writ petition stands disposed of. No costs. 25.03.2025 nsl 4/6
To 1.
THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES, 3RD FLOOR, INTEGRATED ANIMAL HUSBANDRY AND FISHERIES BUILDING, NANDANAM, CHENNAI-600 035.
2.
THE JOINT DIRECTOR OF FISHERIES, 3RD FLOOR, DMS CAMPUS, CHENNAI-600 006.
3.
THE ASSISTANT DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES AND FISHERMEN'S WELFARE, FISHING HARBOUR MANAGEMENT WING, ROYAPURAM, CHENNAI-600 013.
5/6
D.BHARATHA CHAKRAVARTHY, J.
nsl 25.03.2025 6/6