Madras High CourtWP/14934/2017dismissed

G.N.D. Visuvasam, v. The District Collector,

2018-03-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.14934 of 2017 and W.M.P.No.16174 of 2017 G.N.D.Visuvasam ... Petitioner versus

1. The District Collector, Kancheepuram.

2. The Executive Engineer, Public Works Department, Lower Palar Basin Division, Kancheepuram,

3. The Assistant Executive Engineer, Lower Palar Basin Division, Kancheepuram,

4. The Assistant Engineer, (Irrigation Division), Sriperumpudur,

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to permit the petitioner to exercise the fishing rights in the Gunduperumpedu lake in Gundu Perumpedu Village, Sriperumpudur Taluk, Kancheepuram District for the period of 11 months. For Petitioner : Mr.K.Selvaraj For Respondents: Mr.R.Govindasamy, Special Government Pleader

O R D E R

This writ petition is filed seeking for a Mandamus to direct the respondents to permit the petitioner to exercise the

fishing rights in the Gunduperumpedu lake in Gundu Perumpedu Village, Sriperumpudur Taluk, Kancheepuram District, for the period of 11 months.

2. It is seen that the very same petitioner earlier filed a writ petition in W.P.No.31600 of 2016 seeking for a Mandamus directing the respondents to grant fishing rights to the petitioner in Gunduperumbedu lake, Gunduperumbedu Village, Sirperumbudur Taluk, Kancheepuram District, by considering his representation dated 09.09.2016 and 17.08.2016. However, the said writ petition was withdrawn by the petitioner and accordingly, the same was dismissed as withdrawn by an order passed on 28.04.2017.

3. Perusal of the said order would show that the petitioner was not granted any liberty to agitate the matter afresh further. When such being the position, I do not find that the present writ petition is maintainable with the above said relief. Therefore, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Kancheepuram.

2. The Executive Engineer, Public Works Department, Lower Palar Basin Division, Kancheepuram,

3. The Assistant Executive Engineer, Lower Palar Basin Division, Kancheepuram,

4. The Assistant Engineer, (Irrigation Division), Sriperumpudur, +1cc to Government Pleader Sr.No.22342 GJ(CO) sm:9.4.2018 W.P.No.14934 of 2017