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Madras High CourtWP/255/2016disposed of

Fmr. 21, Morappur Fishermen v. The Commissioner

2016-01-06Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.1.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.255 OF 2016 FMR.21, Morappur Fishermen Cooperative Society, Morappur Post, Harur Taluk, Dharmapuri District rep.by its elected President S.Rangan

...Petitioner

Vs 1.The Commissioner, Panchayat Union, Pappireddipatti, Dharmapuri District.

2.The Assistant Director of Fisheries (Inland Fisheries), Avvai Nagar, Dharmapuri-5.

...Respondents

PETITION under Aritlce 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 4.12.2015 and to reduce the lease amount for the year 201516 and 2016-17 granted as per lease order in Na. Ka.No.403/2012/A3 dated 6.11.2012 on the file of the first respondent after deducting the lease amount paid by the petitioner on 18.12.2015.

For Petitioner : Mr.S.Doraisamy For Respondent-1 : Mr.Era Premnath For Respondent-2 : Mr.R.Rajeswaran, SGP

ORDER

Mr.Era Premnath, learned counsel takes notice for the first respondent. Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the second respondent. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner, which is a cooperative society, seeks a direction to the respondents to consider their representation dated 4.12.2015. In the said representation, the petitioner sought remission of lease amount for various years on the ground of lack of rainfall. The petitioner would submit that their members are poor fish farmers and on account of drought, they were unable to enjoy the fruits and that therefore, the Government should grant remission.

3. The learned counsel for the first respondent submits that if this Court is unable to go into the merits, then, a counter is essential.

4. However, at this stage of the matter, this Court is not inclined to go into the merits of the contention raised by the petitioner. It would be proper for the first respondent to consider the representation of the petitioner on 4.12.2015.

5. In the light of the above, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 4.12.2015 on merits and pass a reasoned order in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar RS To 1.The Commissioner, Panchayat Union, Pappireddipatti, Dharmapuri District.

2.The Assistant Director of Fisheries (Inland Fisheries), Avvai Nagar, Dharmapuri-5.

+ 1 cc to M/s.S. Doraisamy, Advocate Sr.742 + 1 cc to Government Pleader Sr.997 WP.No.255 of 2016 SKV(CO) EU 19.1.16 https://hcservices.ecourts.gov.in/hcservices/