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Madras High CourtWP(MD)/1766/2021disposed of

Manickam.O v. The District Collector

2021-02-04Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI O.Manickam ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

3.The Executive Engineer, Public Works Department, W.R.O., Periyar Vaikai Water Distribution, Sub-division-2, Madurai - 625 002.

4.The Assistant Executive Engineer, Public Works Department WRO, Irrigation Section, Thirumangalam, Madurai District.

5.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

6.Pandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the Respondents herein to take action against the illegal fishing lease taken by the 6th Respondent and also to ensure the proper supply of water from the Kuravakudi Kanmoi for their village agriculture by considering his representation dated 09.10.2020. For Petitioner : Mr.V.Nagendran For Respondent Nos.1 to 5 : M/s.J.Padmavathidevi Special Government Pleader 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this Writ Petition seeking a direction to respondent Nos.1 to 5 to take action against the illegal fishing at the instance of respondent No.6. 2.Though notice has not been served on respondent No.6, learned Special Government Pleader appearing for respondent Nos.1 to 5, on instructions, submitted that respondent No.4 has already made an inspection and informed respondent No.5 to stop the aforesaid activities, as there was an attempt to auction the water body coming within his jurisdiction by third parties without authority of law. 3.In such view of the matter, a direction is issued to respondent No.5 to see to it that illegal fishing is stopped. Respondent No.5 shall also have the assistance of police for the aforesaid action.

As we have not inferred as to who is responsible for it, we are not issuing notice to respondent No.6. Respondent No.4 shall also make sure that the water bodies are kept in tact, without hindrance to the channels and sluice, which are supplying water for agricultural purpose.

4.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

3.The Executive Engineer, Public Works Department, W.R.O., Periyar Vaikai Water Distribution, Sub-division-2, Madurai - 625 002.

4.The Assistant Executive Engineer, Public Works Department WRO, Irrigation Section, Thirumangalam, Madurai District.

5.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

+2 CC to Mr.V,NAGENDRAN, Advocate ( SR-3425[F] dated 05/02/2021 ) +1 CC to SPL GP ( SR-3550[F] dated 05/02/2021 ) 04.02.2021 VB (15.02.2021) 3P 9C 3/3