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Madras High CourtWP/31572/2024disposed of with direction

Kasthuri v. The Collector

2024-10-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NOs.31572 & 31575 of 2024 and WMP.Nos.34160, 34162, 34207 & 34208 of 2024 Kasthuri ... Petitioner in W.P.No.31572 of Krishnamoorthy ... Petitioner in W.P.no.31575 of 2024 Vs.

1. The Collector, Tiruvannamalai District.

2. The Commissioner of Fisheries, Public Works Department, (WRO) Central pernnayaru Basin Division, Tiruvannamalai.

Inland Fisheries, Vellore.

5. The Special Officer, F.W.C.-54, Arunagirimangalam Fishermen Women, Co-operative Society, Gandhi Nagar, Vellore District.

....... Respondents in both the petitions

1. The Collector, Krishnagiri District.

2. The Commissioner of Fisheries,

Public Works Department, (WRD) Melpennayaru Basin Division, Dharmapuri-5.

Inland Fisheries, Krishnagiri.

5. FMR.2, Krishnagiri Paruvatha Rajakula Fishermen Co-operative Society, Krishnagiri Dam, Krishnagiri District, Rep. By its Special Officer.

Prayer in W.P.No.31572 of 2024: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 to 5 to get lease of the fishing rights in the Mirugandanathi Tank situated at Polur Irrigation Division, Tiruvannamalai District in favour of the 5th respondent society for a period of 2024-2025 to 2028-2029 totally five years based on the representation made by the petitioner dated 10.10.2024.

Prayer in W.P.No.31575 of 2024: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 to 5 to get lease of the fishing rights in the Mohammed Gouse @ Avathanapatti Tank, Krishnagiri District in favour of the 5th respondent Society for period of 2024-2025 to 2028-2029 totally five years based on the representation made by the petitioner dated 03.10.2024.

For Petitioners : Mr.V.Elangovan In both the petitions For Respondents : Mr.C.Jayaprakash, GA R5 Mr.LSM. Hasan Fizal, AGP RR1 to 4

ORDER

W.P.No.31572 of 2024 has been filed seeking a direction to the respondents 3 to 5 to get lease of the fishing rights in the Mirugandanathi Tank situated at Polur Irrigation Division, Tiruvannamalai District in favour of the 5th respondent society for a period of 2024-2025 to 2028-2029 totally five years based on the representation made by the petitioner dated 10.10.2024.

2. W.P.No.31575 of 2024 has been filed seeking a direction to the respondents 3 to 5 to get lease of the fishing rights in the Mohammed Gouse @ Avathanapatti Tank, Krishnagiri District in favour of the 5th respondent Society for period of 20242025 to 2028-2029 totally five years based on the representation made by the petitioner dated 03.10.2024.

2. It is the case of the petitioners that the petitioners made representation to the respondents for renewal of license for fishing rights and the same has not been considered. Hence, the present petitions.

3. The learned counsel for the petitioners submitted that this Court may issue a direction to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Government Counsel appearing for the respondents submitted that the 5th respondent will be considered and an appropriate orders will be passed on

the petitioners representation within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioners as well as the learned Government Counsel appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the 5th respondent to consider the petitioners representations and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petitions stand disposed of. No costs. 22.10.2024 To

1. The Collector, Tiruvannamalai District.

2. The Commissioner of Fisheries, Public Works Department, (WRO) Central pernnayaru Basin Division, Tiruvannamalai.

Inland Fisheries, Vellore.

5. The Collector, Krishnagiri District.

6. The Commissioner of Fisheries,

7. The Executive Engineer, Public Works Department, (WRD) Melpennayaru Basin Division, Dharmapuri-5.

8. The Assistant Director of Fisheries, Inland Fisheries, Krishnagiri.

M.DHANDAPANI,J.

rli W.P.NOs.31572 & 31575 of 2024 22.10.2024