K.S.Sathishkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.17976 of 2021 and W.M.P.No.19197 of 2021 K.S.Sathish Kumar

...Petitioner

-Vs1. The District Collector Erode District, Collectorate Erode.

2. The Block Development Officer Gobichettipalayam, Erode District.

3. The President Kullampalayam Village Panchayat Gobichettipalayam Taluk, Erode District.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent not to conduct any auction pertaining to the fishery right of its Jurisdictional water sources without following due process of law till the disposal of appeal dated 17.08.2021 filed by the petitioner pending before the 1st respondent.

For Petitioner :

Mr.M.R.Senthil Kumar For Respondents :

Mr.A.Selvendran, Government Advocate - for R1 Mr.NRR.Arun Natarajan - for R2 Mr.L.P.Shanmugasundaram - for R3

O R D E R

This writ petition has been filed for a direction to the third respondent not to conduct any auction pertaining to the

fishery right without following the due process of law till the disposal of the appeal pending before the first respondent.

2. It is the case of the petitioner that, he was the successful bidder in the auction conducted by the third respondent in the year 2019 and licence was issued in favour of the petitioner. The period came to an end on 15.08.2021.

3. The petitioner made a representation to the second respondent to the effect that, he was not able to effectively exercise the fishing rights due to the lock down and therefore, requested for the extension of time. This representation was forwarded to the third respondent and the third respondent rejected the request made by the petitioner through proceedings dated 14.08.2021. Aggrieved by the same, the petitioner made a representation / appeal before the first respondent and the same is pending. In the meantime, steps were taken by the third respondent to call for fresh auction without following the due process of law and aggrieved by the same, the present writ petition has been filed before this Court.

4. Heard Mr.M.R.Senthil Kumar, learned counsel for the petitioner, Mr.A.Selvendran, learned Government Advocate for the first respondent, Mr.N.R.R.Arun Natarajan, learned counsel for the second respondent and Mr.L.P.Shanmugasundaram, learned counsel for the third respondent.

5. In the present case, admittedly the period of licence has come to an end on 15.08.2021. The so called appeal that has been filed by the petitioner before the first respondent is not in the nature of a statutory appeal and the reliance placed by the learned counsel for the petitioner on Rule 15 of the Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights in Water Sources Vested and Regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999, may not have any application since the said Rule deals with an appeal before the District Collector against acceptance of the bid and confirmation of the auction.

6. It is also brought to the notice of this Court that, the third respondent is conducting an auction today and this auction is being conducted without notice inviting bids. According to the learned counsel for the petitioner, the auction itself is conducted to defeat the rights of the petitioner.

7. The relief as sought for in this writ petition does not survive due to the subsequent developments. If the petitioner is aggrieved by the auction conducted by the third respondent without following due process of law, it is left open to the petitioner to independently challenge the same and work out his remedy. Except giving this liberty, no further orders can be

passed in this writ petition. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KST To

1. The District Collector Erode District, Collectorate Erode.

2. The Block Development Officer Gobichettipalayam, Erode District.

3. The President Kullampalayam Village Panchayat Gobichettipalayam Taluk, Erode District.

+1 CC to The Government Pleader, Sr.No. 43699. W.P.No.17976 of 2021 GPL(CO) LS(21/09/2021)