← Library
Madras High CourtWP(MD)/2268/2022disposed of

Paul .E v. The Assistant Engineer

2022-02-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2268 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2268 of 2022 and W.M.P.(MD).No.1976 of 2022 E.Paul ... Petitioner Vs.

The Assistant Engineer, Water Resources Organization, Public Works Department, Manimuthar Basin Division, Manimuthar, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned auction notice of the respondent in Ka.No.180/Koo.16/2022/U.P00.(M)-1/dated 19.01.2022 and quash the same and consequently forbear the respondent from interfering with the fishery right of the petitioner over the "Vayal Nambi Kulam" situated in S.No.219 at Poongudaiyar Kulam Village, Keela Uppurani, Ambasamudram Taluk, Tirunelveli District.

For Petitioner : Mr.H.Arumugam For Respondent : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed challenging the impugned auction notification dated 19.01.2022.

2. Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondent.

3. A counter affidavit has been filed by the respondent and today, the learned Special Government Pleader appearing for the respondent has placed before this Court a communication dated 18.02.2022 stating that the impugned auction notification dated 19.01.2022 will not be given effect to and in its place, a fresh auction notification will be issued after the completion of the Local Body Elections. The learned Special Government Pleader also read through the communication received by him. Since the auction notification dated 19.01.2022 which has been challenged in this writ petition is not given effect to, nothing survives for adjudication in this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2268 of 2022

4. Accordingly, after recording the statement that the auction notification dated 19.01.2022 is not given effect to, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg 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.

To The Assistant Engineer, Water Resources Organization, Public Works Department, Manimuthar Basin Division, Manimuthar, Tirunelveli District.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-7600[F] dated 21/02/2022 ) +1 CC to M/s.SPL GP ( SR-7453[F] dated 21/02/2022 ) W.P.[MD]No.2268 of 2022 18.02.2022 MGJ(02.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2