S.Rajiv Gandhi v. The Secretary, Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Rajiv Gandhi ..
Petitioner Vs.
1. The Secretary Government of Tamil Nadu HR & CE Department Secretariat, St. George Fort Chennai - 600 009.
2. The Tahsildar Tittakudi Taluk Cuddalore District.
3. The Inspector Ayyanar Temple O/o. HR & Ce Department
4. The Block Development Officer (Village Panchayat) Block Development Office Nallor Panchayat Union Cuddalore District.
5. The Village Administrative Officer O.Keeranur Village Pe. Poovanoor Panchayat
6. Palanivel
7. Karuppusamy
8. Periyasamy
9. Manjamuthu ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 2 to 5 to conduct an open public auction to let out the fishing lease hold rights in respect of the Ayyanar Temple Lake in S.No.34/3, to an extent of 1.38.0 hectares (3.40 acre) situated at Pe.Poovanur Village, Nallor Panchayat Union, Tittakudi Taluk, Cuddalore District and to collect the profit within a stipulated period fixed by this Court and to continue the same every year and to safeguard the public profit. For the Petitioner : Mr.C.Samivel For the Respondents : Mr.P.Muthukumar State Government Pleader for R1, R2, R4 & R5 Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.C.Samivel, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1, 2, 4 and 5 and Mr.NRR.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent 3.
2. Learned counsel for the petitioner submits that respondents 2 to 5 may be directed to conduct an open public auction, to let out the fishing lease hold rights in respect of the Ayyanar Temple Lake situated in S.No.34/3.
3. Learned Special Government Pleader (HR & CE), on the basis of the instructions received from the Fit person/Inspector, submits that the advertisement was published by the Village Administrative Officer to know about the fishing lease for 1433 Fasali. However, the auction was not conducted for the first time on 30.03.2023 due to administrative reasons. He further submits that no fishing right has been given to anyone by the Hindu Religious and Charitable Endowments Department till date. A letter also has been sent to the Cuddalore Assistant Commissioner, requesting to give permission for conducting fishing lease for 1433 Fasali on 22.01.2024 and after getting permission from the Cuddalore Assistant Commissioner, fishing lease will be conducted on 22.01.2024.
4. In view of the said statement, the grievance of the petitioner stands served. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.115 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index :
Yes/No :
Yes/No drm
To
1. The Secretary Government of Tamil Nadu HR & CE Department Secretariat, St. George Fort Chennai - 600 009.
2. The Tahsildar Tittakudi Taluk Cuddalore District.
3. The Inspector Ayyanar Temple O/o. HR & Ce Department
4. The Block Development Officer (Village Panchayat) Block Development Office Nallor Panchayat Union Cuddalore District.
5. The Village Administrative Officer O.Keeranur Village Pe. Poovanoor Panchayat
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 08.01.2024