M/S.Sri Sakthi & Co., v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.27562 of 2014 and M.P.Nos.1 & 2 of 2014 M/s.Sri Sakthi & Co., Rep.by its Managing Partner, A.Dharmalingam, Nathakadu, Settipatti (Post) Sankagiri, (Taluk) Salem (District)
...Petitioner
Vs
1. State of Tamil nadu, Rep.by its Director, Tamil Nadu Fisheries Department, DMS Campus, Anna Salai, Teynampet, Chennai.
2. The Assistant Director, Tamil Nadu Fisheries Department, Mettur Dam, Salem District.
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the issuing of the impugned order dated 08.10.2014 vide Na.Ka. No.1208/E/2012 issued by the 2nd respondent and quash the same and consequently direct the 1st and 2nd respondent to extend the fishing rights for the period from 10.10.2014 to 09.10.2015 without insisting lease amount of Rs.28, 45, 676.00/-.
For Petitioner : Mr.P.Gurunathan For Respondents : Mr.K.M.D.Muhilan Government Advocate [For R1 & R2]
O R D E R
The order dated 08.10.2014 issued by the second respondent, prohibiting the petitioner from exercising the Fishing right is under challenge in the present writ petition.
2. The petitioner was a successful bidder in the tender-cumauction held on 24.07.2013, in respect of leasing of fishery rights of Anaimaduvu Reservoir, situate in Valapadi Taluk of Salem District. The period of lease was 5 years from 10.10.2013 to 09.10.2018. The petitioner has to pay the lease amount every year. The confirmation was given after two months from the date of auction. The petitioner paid the first year lease amount and exercised fishery rights. However, for the subsequent year, the petitioner has not paid the lease amount as per the lease condition. Thus, the respondents passed the impugned order. The tender condition No.60 clearly states that "The Fisheries Department / Public Works Department will not guarantee the water level in the reservoir.
No refund or reduction of lease amount will be entertained on any account including water level problems, natural calamities, and unavailable strike by the fishermen or due to other unforeseen circumstances due to act of nature. No extension of time will also be given to compensate the non-fishing days for the reason whatsoever."
3. In view of the fact that the petitioner has not paid the second year lease amount, the second respondent passed the impugned order, not allowing the petitioner to exercise the Fishery rights. Thus, it is made clear that the petitioner has violated the lease conditions and consequently, the competent authority has not allowed the petitioner to exercise the Fishery rights. Beyond the grounds raised, the period of lease expired in the year 2018 itself (i.e., on 09.10.2018). Thus, the petitioner is not entitled for extension of grant of lease.
4. Thus, the respondents are at liberty to recover the dues, if any pending, which all are to be recovered from the petitioner. Accordingly, the writ petition fails and stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
kak To
1. The Director, Tamil Nadu Fisheries Department, DMS Campus, Anna Salai, Teynampet, Chennai.
2. The Assistant Director, Tamil Nadu Fisheries Department, Mettur Dam, Salem District.
+1 CC to The Government Pleader sr 53888.
W.P.No.27562 of 2014 RLD(CO) SP(01/11/2021)