Madras High CourtWP/10731/2024disposed of

N.Gugan v. The District Collector

2024-04-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE N.Gugan ..

Petitioner vs.

1.The District Collector, Office of the District Collector, Tiruvannamalai District.

2.The Commissioner, Tiruvannamalai Panchayat Union, Tiruvannamalai District.

3.The Block Development Officer, The Block Development Office, Tiruvannamalai District.

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to grant extension of lease of fisheries right in Kizhnathur Big Lake and Kumban Small lake situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai commencing from 2019-2020 to 2023-2024 by considering the petitioner's representation dated 04.03.2024. For Petitioner :

Ms.M.Rebecca For Respondents :

Mr.M.Shajahan, Special Government Pleader 1/4

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.Mr.Shajahan, learned Special Government Pleader accepts notice on behalf of the respondents.

3.This writ petition has been filed for a mandamus seeking for a direction to the respondents herein to grant extension of lease of fisheries right in Kizhnathur Big Lake and Kumban Small lake, situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai commencing from 2019-2020 to 2023-2024 based on the petitioner's representation dated 04.03.2024.

4.The petitioner is having fishing rights in the aforementioned lakes. He has been granted lease by the respondent over the two lakes. The lease period has expired on 31.03.2024. According to the petitioner, due to Covid-19 as well as due to flash floods, he was unable to use the lakes for quite some time and make income out of it. Under those circumstances, he has given a representation on 04.03.2024 to the 2/4

respondents requesting for extension of lease for the unused period of lakes for fishing activities. Since the representation dated 04.03.2024 has not been considered till date, the petitioner has filed this writ petition. 5.No prejudice would be caused to the respondents if the representation of the petitioner dated 04.03.2024 is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 6.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 04.03.2024 requesting the respondents to grant extension of lease to fisheries right in Kizhnathur Big Lake and Kumban Small lake, situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai for the unused period of lakes by the petitioner on account of Covid-19 and flash floods, within a period of eight weeks from the date of receipt of a copy of this order. ABDUL QUDDHOSE, J.

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vga 7.With the aforesaid direction, this writ petition is disposed of. No costs.

18.04.2024 Index: Yes/No vga To 1.The District Collector, Office of the District Collector, Tiruvannamalai District.

2.The Commissioner, Tiruvannamalai Panchayat Union, Tiruvannamalai District.

3.The Block Development Officer, The Block Development Office, Tiruvannamalai District.

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