Bagavathi & Siddhi Vinayaga v. The Chairman-Cum-District
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22663 of 2016 and W.M.P.No.19366 of 2016 Bagavathi & Siddhi Vinayaga Magalir Self Help Group rep.
by its Organizer, S.Rathana D/o.Sekar No.57, Peria Theru (Big Street) Sevilimedu, Kancheepuram Town & Taluk, Kancheepuram District.
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Petitioner Vs.
1.The Chairman-cum-District Collector District Fish Farmer Development Agency Kancheepuram District, Kancheepuram.
2.The Asst. Director, (Acqua Culture) District Fish Farmer - Development Agency Kancheepuram situated at Neelankarai.
3.The Commissioner, Kancheepuram Municipality, Kancheepuram, Kancheepuram District.
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Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents, their men, their agents, etc. from in any manner interfering not disturbing with the peaceful enjoyment of leasehold and fishing right of the Magalir Self Help Group over Sevilimedu Lake, Kancheepuram District.
For Petitioner : Mr.G.Anabayachozhan For R1 & R2 : Mr.V.S.Ramesh Government Advocate For R3 : Mr.G.B.Rajesh
O R D E R
By consent, the writ petition is taken up for final disposal. The petitioner would state that they are the Self Help Group and was awarded a license to catch fish in "Sevilimedu
Village" vide proceedings of the 2nd respondent dated 12.04.2012 for a period of five years between 12.04.2012 and 11.04.2017. The grievance expressed by the petitioner is that despite the subsistence of the license to catch fish in the said lake, the officials attached to the office of the 2nd respondent are often giving trouble and threatening to terminate the said license and therefore, came forward to file the present writ petition. Heard the learned counsel for the petitioner and Mr.V.S.Ramesh, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2, who would submit that if it so, the remedy open to the petitioner is to submit a representation to the 2nd respondent and it has not been done so and prays for dismissal of the writ petition and Mr.G.B.Rajesh, learned counsel who accepts notice on behalf of the 3rd respondent, would submit that the officials of the 3rd respondent did not cause any trouble to the petitioner - Self Help Group.
This Court has considered the rival submissions and also perused the materials placed before it.
Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, permits the petitioner to submit a representation as to the difficulties faced by them to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order and the 2nd respondent, on receipt of the same, is directed to consider the said representation in accordance with law and pass orders within a further period of four weeks thereafter and communicate the decision taken, to the petitioner.
The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Chairman-cum-District Collector District Fish Farmer Development Agency Kancheepuram District, Kancheepuram.
2.The Asst. Director, (Acqua Culture) District Fish Farmer - Development Agency Kancheepuram situated at Neelankarai.
3.The Commissioner, Kancheepuram Municipality, Kancheepuram, Kancheepuram District.
+1 cc to M/s.G.Anbaya Chozhan, Advocate,SR.37173 +1 cc to Govt.Pleader, Sr.37495 +1 cc to Mr.G.B.Rajesh, Advocate,sr.36626.
rsi(co) krd 20/7 W.P.No.22663 of 2016