Palani Pappankulam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.1558 and 18679 of 2015 and W.P(MD).No.674 of 2016 and W.M.P(MD).Nos.1, 1 and 2 of 2015 W.M.P(MD).No.16349 of 2017 and W.M.P(MD).No.548 of 2016 and W.M.P(MD).No.296 of 2018 W.P(MD).No.1558 of 2015 Palani Pappankulam Water Users Association, rep., by its President, M.Rajamani 4.A-1977 Palani Taluk Fisherman Cooperative Society, Palani 624 001, Rep., by its President (R4 is impleaded vide order dated 14.07.2015 in W.M.P(MD).No. 2 of 2015) carrying on fishery rights at Palani Pappankulam as per G.O.Ms.No.16 Public Works (W2) Department dated 14.01.2011 consequently to direct the second respondent to deposit 50% of the tender amount with the third respondent and further direct the third respondent to disburse 50% of the amount deposited with him to the water users association of Palani Pappankulam.

For Petitioner: Mr.D.Venkatesh For R1 to R3 : Mr.M.Karuppasamy Government Advocate For R4 : Mr.M.R.Sreenivasan W.P(MD).No.18679 of 2015 Periya Ayyampulli Kulam, Water Users Association, Palani rep., by its President, Rajendran (Water Resources Department) Special Project Circle, Palani, (Water Resources Department) Nangachiyar Basin Division, Palani carrying on fishery rights at Periya Ayyampulli Kulam, Ayyampulli, Palani as per G.O.Ms.No.16 Public Works (W2) Department dated 14.01.2011 consequently to direct the second respondent to deposit 50% of the tender amount with the third respondent and further direct the third respondent to disburse 50% of the amount deposited with him to the water users association of Periya Ayyampulli Kulam, Ayyampulli, Palani.

For Petitioner: Mr.D.Venkatesh For R1 to R3 : Mr.M.Karuppasamy Government Advocate

W.P(MD).No.674 of 2016 Pudukulam Water Users Association, Palani.

Rep., by its President, Natarajan (Water Resources Department), Special Project Circle, Palani, (Water Resources Department), Nangachiyar Basin Division, Palani, carrying on fishery rights at Pudukulam, Palani Village & Taluk as per G.O.Ms.No.16 Public Works (W2) Department dated 14.01.2011 consequently to direct the second respondent to deposit 50% of the tender amount with the third respondent and further direct the third respondent to disburse 50% of the amount deposited with him to the water users association of Pudukulam, Palani Village & taluk. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.M.Karuppasamy Government Advocate COMMON ORDER Heard the learned counsel on either side.

2.The prayer made in these writ petitions is that the auction for the petition mentioned tanks should be conducted as per G.O.Ms.No.16, Public Works Department, dated 14.01.2011. The title of the Government Order itself would indicate the Government Order will have application only in respect of tanks belonging to public works Department. The petition mentioned tanks are belonging to fisheries Department.

Therefore, G.O.Ms.No.16, Public Works

Department, dated 11.01.2011 has no application whatsoever. I find no merit in the writ petition. Hence, these Writ Petitions stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS) rmk To (Water Resources Department) Nangachiyar Basin Division, Palani +1 CC to M/s.SPL GP ( SR-62095[F] dated 24/04/2019 ) +3 CC to M/s.D.VENKATESH, Advocate ( SR. Nos.-62287,62286,62285 ) +1 CC to M/s.R.NANDAKUMAR, Advocate ( SR-62334[F] dated 24/04/2019 ) W.P.(MD)Nos.1558 and 18679 of 2015 and W.P(MD).No.674 of 2016 23.04.2019 ES/14.05.2019/4P/10C