Loganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.34637 of 2024 Loganathan .. Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Assistant Director, Panchayats, Kancheepuram 600 045.

3.The Block Development Officer, Sriperumbudur Panchayat Union, 4.Haridass .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 3rd respondents to cancel the tender in the name of 4th respondent and conduct the fair auction tender for fishing, in front of villagers, the big lake measuring about 49.32 hectares which is situated at Survey No.65, Puduppair village, Kundrathur Taluk, Kancheepuram District by considering the petitioner representation dated 06.11.2023 preferred to the 1st respondent an accordance with law within the time stipulated by this Court.

For Petitioner .. Mr.K.Parthasarathy For Respondents .. Mr.T.Chandrasekaran Special Government Pleader for R1 & R2 Mr.M.Venkateswaran Special Government Pleader for R3

ORDER

This writ petition has been filed in the nature of mandamus seeking a direction to respondents 1 to 3 to cancel the tender in the name of the 4th respondent and to conduct auction for fishing in the big lake measuring about 49.32 hectares at Survey No.65, Puduppair Village, Kundrathur Taluk, Kancheepuram District. The petitioner had given a representation on 06.11.2023.

2.It is the case of the petitioner that the 4th respondent had been continuously permitted to exclusively do the fishing in the aforementioned lake for the past twenty years. The petitioner had given a representation that an auction should be conducted. 3.Written instructions had been forwarded on behalf of the respondents that as on date there is no encroachment in the lake and that no auction had been conducted. The issue is that the 4th respondent should not therefore be permitted unauthorizedly to fish exclusively to the prejudice of the other villagers.

4.A direction is given to the 3rd respondent to issue notice to the petitioner and also to the 4th respondent and also to anybody else who is interested and thereafter, take a decision to conduct auction for fishing activities in the aforementioned big lake measuring 49.32 hectares at S.No.65, Puduppair Village, Kundrathur Taluk, Kancheepuram District. Without conducting auction, no person can be permitted to do the fishing exclusively. The representation to be disposed of within a period of four weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of without issuing notice to the 4th respondent. No Costs.

28.11.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To 1.The District Collector, Office of the District Collector, 2.The Assistant Director, Panchayats, Kancheepuram 600 045.

C.V.KARTHIKEYAN,J.

ssr 3.The Block Development Officer, Sriperumbudur Panchayat Union, W.P.No.34637 of 2024 28.11.2024