M.Selvam, v. The Assistant Director Of Fisheries

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD)No.713 of 2021 M.Selvam ... Appellant -Vs1.The Assistant Director of Fisheries, Office of the Assistant Director of Fisheries, Dindigul District.

2.The President, Sivagnanapuram Village Panchayat, Nilakottai Taluk, Dindigul District.

3.The Assistant Engineer, Public Works Department, Water Resources Organization, Water Channel Division-II, Batlagundu, Dindigul District.

4.The District Collector, Dindigul District, Dindigul.

... Respondents (R4 is suo motu impleaded vide Court order dated 04.02.2021) PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 04.02.2021 passed in W.P.(MD)No.18656 of 2020 on the file of this Court.

For Appellant : Mr.K.Appadurai For R1, R3 & R4 : Mr.V.Nirmal Kumar, Government Advocate

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This Writ Appeal is directed against the order dated 04.02.2021 made in W.P.(MD)No.18656 of 2020 on the file of this Court. 2.The appellant / writ petitioner filed the said Writ Petition challenging the tender notification issued by the 3rd respondent dated 30.11.2020 and re-tender notification dated 09.12.2020 and consequently, to forbear the respondents from in any manner interfering with the right of fishing lease granted to the petitioner on 13.10.2020 in respect of Alangulam Kanmoi and Sirukulam Kanmoi in the 2nd respondent Village Panchayat.

3.The Writ Court, after hearing the submissions on either side, dismissed the said Writ Petition. Challenging the same, the appellant / writ petitioner has filed this Writ Appeal.

4.We have carefully gone through the order impugned in this Writ Appeal as well as the tender notification issued by the 3rd respondent, which was impugned in the Writ Petition. We are of the view that the period of one year had already been expired and therefore, there is no merit in this Writ Appeal. Accordingly, this Writ Appeal stands dismissed. However, the appellant / writ petitioner has any other grievance for any lapses on the part of the respondent Panchayat, it is open to him to seek his remedy only before the civil Court concerned. No costs.

[D.K.K., J.] & [R.V., J.] 27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Assistant Director of Fisheries, Office of the Assistant Director of Fisheries, Dindigul District.

2.The Assistant Engineer, Public Works Department, Water Resources Organization, Water Channel Division-II, Batlagundu, Dindigul District.

3.The District Collector, Dindigul District, Dindigul.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.A.(MD)No.713 of 2021 27.02.2024