Madras High CourtWP(MD)/18514/2013disposed of

S.Perumal, v. State Of Tamil Nadu,

2019-12-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18514 of 2013 and M.P.(MD)Nos.1, 2 and 3 of 2015 S.Perumal ... Petitioner -Vs1.State of Tamil Naud Rep. by its Secretary, Public Works (W-2) Department, Fort St.George, Chennai.

2.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli.

3.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

4.The Tahsildhar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District.

5.The Executive Engineer, Public Works Department, Thamirabarani Division, Palayamkottai, Tirunelveli District.

6.Charles Gnanadurai 7.Mangalam Joseph 8.Muthudurai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, for bearing the respondents 1 to 5 from interfering with the fisheries rights of Sri Vigna Vinayagar temple in Sadayaman Kulam and Vilvarayan Kulam in Venkatrengapuram Village, Ambasmudram Taluk,

Tirunelveli District during the pendency of the petitioner's representation dated 11.06.2013 seeking exemption from the purview of G.O.No.16, Public Works (W-2) Department, dated 14.01.2011. For Petitioner : Mr.P.Subbiah For Respondents : Mr.M.Rajarajan, Government Advocate for R1 to R5 : Mr.J.Ashok For M/s. Jeyapaul Associates for R6

ORDER

This Court by order dated 30.04.2013 in W.P.(MD)No.14002 of 2011 had given liberty to the petitioner to move the Government for appropriate relief. It was further directed that in the event of the petitioner filing such an application claiming exemption, the Government shall pass a reasoned on merits and in accordance with law.

2.The petitioner's case is that he sent an application dated 11.06.2013. There is already a direction that the Government should pass a reasoned order in accordance with law. The learned counsel for the writ petitioner affirms that no order has been passed pursuant to the said direction. This is unfortunate. Be that as it may, the first respondent is directed to pass orders on the petitioner's representation dated 11.06.2013 on merits and in accordance with law within a period four weeks from the date of receipt of a copy of this order.

3.The writ petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ias To 1.The Secretary, Public Works (W-2) Department, Fort St.George, Chennai.

2.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli.

3.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

4.The Tahsildhar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District.

5.The Executive Engineer, Public Works Department, Thamirabarani Division, Palayamkottai, Tirunelveli District.

+1 CC to Mr.P.SUBBIAH, Advocate ( SR-103198[F] dated 03/12/2019 ) +1 CC to SPL GP ( SR-103276[F] dated 04/12/2019 ) W.P.(MD)No.18514 of 2013 03.12.2019 (1/4) VB(04.06.2020) 3P 8C