Madras High CourtWP/14459/2024disposed of

Iyappan v. The Executive Engineer

2024-05-30Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.05.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN 1.Iyappan 2.Prabu 3.Shamugam 4.Tmt.Parameswari 5.Sakthivel 6.Tmt.Banupriya 7.Guna 8.Tmt.Dhanalakshmi 9.Settu 10.Mithran

...Petitioners

Vs.

1.The Executive Engineer, Public Works Department (WRO), Melpennayaru Basin Division, Dharmapuri-5.

2.The Assistant Director of Fisheries (Inland Fisheries), Ottapatti, Collector Office Post, Dharmapuri-636705.

3.FMR 21, Morappur Fishermen Cooperative Society, rep.by its Special Officer, Ottapatti, Collector Office Post,

Dharmapur-636705.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioners dated 03.5.2024 by renewing the lease of the fishing rights in the Vallimaduraivarattaru dam for the years 2024-2025 to 2028-2029 viz. 5 years to the 3rd respondent society by applying G.O.Ms.No.332 Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993 and the orders passed in batch of writ petitions in W.P.No.6819 of 2023 etc. dated 21.6.2023.

For the Petitioners : Mr.S.Doraiswamy For the Respondents : Mrs.Yamuna Devi, SGP

ORDER

Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the respondents.

2. The petitioners claim that they are inland fishermen. They claim for fishing rights in the Vallimaduraivarattaru dam. According to them, the Society, which had been formed by them, is now under the management of the Special Officer. As the Special Officer has not

taken any steps, as Members of the Society, they are constrained to give a representation seeking for extension of lease for the period from 2024-2025 to 2028-2029.

3. Without going into the merits of the case, there shall be a direction to the respondents to consider the representation made by the petitioners on 03.05.2024 within a period of eight weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

30.05.2024 2/2 Index :

Yes/No :

Yes/No Speaking Order :

Yes/No To 1.The Executive Engineer, Public Works Department (WRO), Melpennayaru Basin Division, Dharmapuri-5.

2.The Assistant Director of Fisheries (Inland Fisheries), Ottapatti, Collector Office Post, Dharmapuri-636705. 3.The Special Officer, FMR 21, Morappur Fishermen Cooperative Society, Ottapatti, Collector Office Post, Dharmapur-636705.

rs/kpl V.LAKSHMINARAYANAN, J (rs/kpl) 30.05.2024 2/2