Mayalagu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Mayalagu ... Petitioner -vs1.The District Collector, Sivagangai, 2.The Revenue Divisional Officer, Sivagangai, 3.The Thasildar, Sivagangai Taluk, 4.The Executive Engineer, Public Works Department, 5.The Assistant Director, Fisheries Department, Sivagangai,

6.The Block Development Officer, Kalayarkovil, 7.The Inspector of Police, Sivagangai Town Police Station, 8.M.Kannappan 9.S.Ravi 10.Rajendran 11.Arumugam 12.Pillappan 13.Karuppaiah ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 7 to conduct the auction of the fish grown in the said Pagani Kanmoi comprised in S.No.1 extent of 30 hectares 40 Ares situated at Karungalankudi Village, Karungalangudi group, Solapuram Post, Sivagangai Taluk, Sivagangai District by giving wide publicity based on the basis of the petitioner representation dated 27.01.2024 within a time stipulated by this Hon'ble Court.

For Petitioner :

Mr.B.Santhanam Rajesh Kumar

For Respondents :

Mr.P.Thilak Kumar Government Pleader for R1 to R5 Mr.S.S.Madhavan, Government Advocate (Crl. Side) for R7

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The Writ Petition has been filed seeking to issue a Writ of Mandamus, to direct the respondents 1 to 7 to conduct the auction of the fish grown in the Pagani Kanmoi comprised in S.No.1, measuring an extent of 30 hectares 40 Ares, situated at Karungalankudi Village, Karungalangudi group, Solapuram Post, Sivagangai Taluk, Sivagangai District, by giving wide publicity based on the basis of the petitioner's representation dated 27.01.2024 within a time frame.

2. By consent of both sides, the Writ Petition is taken up for final disposal at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the respondents 6, 8 to 13 also, notice to the respondents 6, 8 to 13 is dispensed with.

3. Learned Government Pleader appearing for the respondents 1 to 5, on instructions, stated before this Court that only after fixing the amount for fishing rights, the official respondents will initiate action for conducting public auction in respect of the fishing rights of the aforesaid tank.

4. Considering the aforesaid submission made by the learned Government Pleader, this Court directs the respondents 1 to 5 to consider the representation of the petitioner dated 27.01.2024 and complete the aforesaid process of conducting auction for the fishing rights of the aforesaid tank within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition stands disposed of. No costs.

[D.K.K., J.] [R.V., J.] 20.02.2024 Index : Yes / No Internet : Yes / No SJ

To 1.The District Collector, Sivagangai, 2.The Revenue Divisional Officer, Sivagangai, 3.The Thasildar, Sivagangai Taluk, 4.The Executive Engineer, Public Works Department, 5.The Assistant Director, Fisheries Department, Sivagangai, 6.The Inspector of Police, Sivagangai Town Police Station,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 20.02.2024