Madras High CourtWP(MD)/2839/2022disposed of

Karthick .S v. The District Collector

2022-02-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2839 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.2839 of 2022 S.Karthick ... Petitioner vs.

1.The District Collector, Office of the Collectorate Building, Thoothukudi District.

2.The Executive Officer, PWD/Water Resources Organization, Thamirabarani Basin Division,Tirunelveli District. 3.The Assistant Executive Engineer, PWD/Water Resources Organization, Thenkal Division, Thenthirupperai, Thiruhendur Taluk, Thoothukudi.

4.The Assistant Director of the Fisheries, Fisheries Department, Water Resource Organization, Thenkal Division, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to grant extension of fishing lease period for one more year 2021-2022 i.e., upto August 2022 for fishing at Thulukkan Kulam, Vallivilai Village, Tiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 11.09.2021. For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.D.Sasikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to grant extension of fishing lease period for one more year 2021-2022 i.e., upto August 2022 for fishing at Thulukkan Kulam, Vallivilai Village, Tiruchendur Taluk, Thoothukudi District. He has given a representation on 11.09.2021. Since the said representation has not been considered till date, he has filed this Writ Petition.

2.Heard Mr.D.S.Haroon Rasheed, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents.

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W.P.(MD)No.2839 of 2022 3.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the petitioner will have to give a fresh representation to enable the respondents to consider the same in accordance with law after affording a fair hearing to the petitioner.

4.Accordingly, this Court directs the petitioner to submit a fresh representation to the respondents within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the Executive Engineer, PWD/Water Resources Organization, Thamirabarani Basin Division, Tirunelveli District, who is the competent authority, is directed to consider the fresh representation of the petitioner seeking for extension of fishing lease period for one more year 2021-2022 i.e., upto August 2022 for fishing at Thulukkan Kulam, Vallivilai Village, Tiruchendur Taluk, Thoothukudi District and pass final orders on merits and in accordance with law within a period of twelve weeks thereafter, after affording a fair hearing to the petitioner. 5.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Office of the Collectorate Building,Thoothukudi District. 2.The Executive Engineer, PWD/Water Resources Organization, Thamirabarani Basin Division,Tirunelveli District. 3.The Assistant Executive Engineer, PWD/Water Resources Organization, Thenkal Division, Thenthirupperai, Thiruhendur Taluk, Thoothukudi.

4.The Assistant Director of the Fisheries, Fisheries Department,Water Resource Organization, Thenkal Division, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-7759[F] dated 22/02/2022 ) W.P.(MD)No.2839 of 2022 18.02.2022 AP(26.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2