Madras High CourtWP(MD)/4624/2019dismissed

N.Desingamoorthy, v. The Assistant Engineer,

2019-04-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4624 of 2019 N.Desingamoorthy ... Petitioner Vs The Assistant Engineer, Public Works Department, V.V.R.Division, Thenperambur, Thanjavur.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to allot the lease of fishery right in respect of Kallaperambur Village tank based on the preferential rights enumerated in RSO 211 and G.O.Ms.No.332, Animal Husbandry and Fisheries Department, dated 17.11.1993 to the petitioner, by accepting the petitioner's claim dated 14.02.2019 within a time stipulated by this Court. For Petitioner : Mr.K.K.Senthil For Respondent : Mr.K.Karuppasamy Government Advocate

ORDER

The petitioner seeks granting of a preferential rights in the matter of allotting the lease of fishery right in the petition mentioned tank. He refers the G.O.Ms.No.332, Animal Husbandry and Fisheries Department, dated 17.11.1993.

2.He drew my attention to clause 4(x) of the said G.O. The said clause reads as under:

"4(x). These restrictions should be applicable all tanks publically owned for all leases / assignments for fish farming / culture including these given on priority basis to these like Inland Fish Farmers Agencies / Fishermen/marine Fishermen and Adi-Dravidar Welfare Co-op Societies Etc.,"

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3.It is true that he belongs to Scheduled Caste Community. But then, his case will not fall within the clause set out above. I find no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) pnn To The Assistant Engineer, Public Works Department, V.V.R.Division, Thenperambur, Thanjavur.

+1CC TO MR.K.K.SENTHIL, Advocate Sr. No.61462 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.61243 W.P.(MD)No.4624 of 2019 15.04.2019 MT(CO) TR (09.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/