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Madras High CourtWP/16630/2022disposed of

V.Bharathi v. The Commissioner Of Fisheries

2022-06-29Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.16630 OF 2022 AND W.M.P.NO.15915 OF 2022 V.Bharathi .. Petitioner Vs.

1. The Commissioner of Fisheries, Nandanam, Chennai - 600 035.

2. The Executive Engineer, Water Resources Department, Upper Palar Basin Sub Division, Vellore.

3. The Assistant Executive Engineer, Water Resources Department, Upper Palar Basin Sub Division, Vellore.

4. The Assistant Engineer, Water Resources Department, Irrigation Division, Tirupattur, Tirupattur District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents 2 to 4 to extend the lease period to the petitioner as per G.O.Ms.No.201/Animal Husbandry, Dairying and Fisheries (FS6) Dept/dated 19.10.2017 by considering the petitioner's representation dated 24.06.2022. For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondents : Mr.T.Seenivasan Special Government Pleader

O R D E R

This Writ Petition has been filed for a mandamus seeking for a direction to the respondents 2 to 4 to extend the lease period to the petitioner as per G.O.Ms.No.201/Animal Husbandry, Dairying and Fisheries (FS6) Department dated 19.10.2017 based on the petitioner's representation dated 24.06.2022.

2. It is the case of the petitioner that her fishery lease got expired and she seeks extension of the lease as per G.O.Ms.No.201/Animal Husbandry, Dairying and Fisheries (FS6) Department dated 19.10.2017. She has given a representation on 24.06.2022 seeking for extension. Since the representation has not been considered till date, she has filed this Writ Petition.

3. In similar facts and circumstances, this Court directed the respondents to consider the representation of another petitioner, who had also sought for similar extension of lease and directed the respondents to pass final orders, within a period of four (4) weeks from the date of receipt of a copy of this order. Since the petitioner is also similarly placed, this Court is of the considered view that similar direction can be issued to the respondents in favour of this petitioner also.

4. For the foregoing reasons, this Court directs the second respondent to pass final orders to the petitioner's representation dated 24.06.2022 seeking for extension of fishery lease as per G.O.Ms.No.201/Animal Husbandry, Dairying and Fisheries (FS6) Department dated 19.10.2017, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner including, granting her the right of personal hearing.

5. With the aforesaid directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Sni

To

1. The Commissioner of Fisheries, Nandanam, Chennai - 600 035.

2. The Executive Engineer, Water Resources Department, Upper Palar Basin Sub Division, Vellore.

3. The Assistant Executive Engineer, Water Resources Department, Upper Palar Basin Sub Division, Vellore.

4. The Assistant Engineer, Water Resources Department, Irrigation Division, Tirupattur, Tirupattur District.

+1cc to Mr.I.Abrar Mohamed Abdullah, Advocate, S.R.No.41683 +1cc to the Government Pleader, S.R.No.41941 W.P.No.16630 of 2022 NRL(CO) PM/20/07/2022