R.Selvaraju v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24..07..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.22071 of 2015 and M.P.No.1 of 2015 R.Selvaraju ..Petitioner

Versus

1.The Secretary to Government Public Works Department, Water Resources Organisation Irrigation Government of Tamil Nadu Fort St.George, Chennai 600 009.

2.The Director, Agriculture Department, Chepauk, Chennai 600005.

3.The Director, Fisheries Department, D.M.S.Building, Teynampet, Chennai 600018.

4.The Assistant Director, Fisheries Department, (Inland Fisheries) Krishnagiri, Krishnagiri District 635 001.

5. The Chief Engineer, Public Works Department, Water Resources Organisation Chepauk, Chennai 600005.

6. The Executive Engineer, Public Works Department, Water Resources Organisation, Mel Pennaiyaru Basin Division, Dharmapuri 635 705.

7.The Assistant Executive Engineer, Public Works Department, Water Resource Organisation, Krishnagiri Dam Project Sub Division, Krishnagiri Dam.

8.The District Collector Office of the District Collector Krishnagiri, Krishnagiri District 635 001.

9.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

10.The President, Kaviripattinam Paruvatharajakula Fishermen Co-operative Society, No.59/203, Agaram road, Kaveripattinam Post, Krishnagiri District.

Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Declaration, declaring the proceedings No.K.No.2071/Ko.No.29/2014/T4 dated 11.09.

2014 of the 6th respondent namely the Executive Engineer, Public Works Department, Water Source Management in granting lease to right to fish which naturally fall in the Eri in Pannandur Village, Krishnagiri District to the 10th repsondent for a continuous period of 5 years from 2014 to 2019 without any basis and in contrary to the earlier custom of awarding every year lease which was producing higher revenue to the Government through bid and also which resulted in the 10th respondent polluting and preventing the public from using the water from the Eri on the strength of the long lease for a period of 5 years (2014 to 2019) the right to fish which naturally fall in the Eri in Pannadur Village, Krishnagiri granted by the 6th respondent as illegal and consequently forbearing the 10th respondent from polluting the water (by breading fish by bringing from outside) and preventing the use of water and flow of water to the nearby agricultural land.

For Petitioner :: Mr.T.S.Ramarathinam For Respondents :: Mr.S.T.S.Murthy Government Pleader.

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) We are not inclined to entertain the Public Interest Litigation as we feel no larger public issue is involved. It is, however, open to the petitioner to pursue his representation administratively or if any individual rights are affected, to take action in accordance with law.

2. The writ petition accordingly stands dismissed with the aforesaid observations. No costs. Consequently connected miscellaneous is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ksr To 1.The Secretary to Government Public Works Department, Water Resources Organisation Irrigation Government of Tamil Nadu Fort St.George, Chennai 600 009.

2.The Director, Agriculture Department, Chepauk, Chennai 600005. 3.The Director, Fisheries Department, D.M.S.Building, Teynampet, Chennai 600018.

4.The Assistant Director, Fisheries Department, (Inland Fisheries), Krishnagiri, Krishnagiri District 635 001.

5. The Chief Engineer, Public Works Department, Water Resources Organisation, Chepauk, Chennai 600005.

6. The Executive Engineer, Public Works Department, Water Resources Organisation, Mel Pennaiyaru Basin Division, Dharmapuri 635 705.

7.The Assistant Executive Engineer, Public Works Department, Water Resource Organisation, Krishnagiri Dam Project Sub Division, Krishnagiri Dam.

8.The District Collector, Office of the District Collector Krishnagiri, Krishnagiri District 635 001.

9.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

1 cc to Mr.T.S. Ramarathinam, Advocate, Sr. 37931 W.P. Nos.22071 of 2015 BVR (CO) kk 7/8