Madras High CourtWP(MD)/19657/2015disposed of

K.P.Kayambu v. The District Collector

2015-10-29Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.19657 of 2015 K.P.Kayambu ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Superintendent of Police, Pudukkottai.

3.The Joint Director, Fisheries Development Department, Pudukkottai.

4.The Revenue Divisional Officer, Pudukkottai.

5.The Inspector of Police, Meemissal Police Station, Avudaiyarkovil Taluk, Pudukkottai District. ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents herein to take appropriate action against the Village Committee members and restrain them from illegally conducting auction of the fish at R.Pudupattinam Village, Meemissal Post, Pudukkottai District and also consequently direct the respondents to form a Government Committee for proper auction of the sale of the fish on the basis of the petitioner's representation, dated 24.08.2015.

For petitioner : Mr.B.Jameel Arasu For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader, takes notice

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus, directing the respondents herein to take appropriate action against the Village Committee members and restrain them https://hcservices.ecourts.gov.in/hcservices/

from illegally conducting auction of the fish at R.Pudupattinam Village, Meemissal Post, Pudukkottai District and also consequently direct the respondents to form a Government Committee for proper auction of the sale of the fish on the basis of the petitioner's representation, dated 24.08.2015.

2. Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondents.

3.By consent, the Writ Petition itself is taken up for final disposal.

4.Though very many contentions have been raised in the Writ Petition, at the time of making submissions, the learned counsel for the petitioner submitted that if a direction is given to the respondents to consider the representation of the petitioner, dated 24.08.2015, that would be suffice.

5. In view of the submission made by the counsel for petitioner, without going into merits of the claim made by the petitioner, this Court directs the fourth respondent to consider the representation of the petitioner, dated 24.08.2015, and pass orders appropriate order on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the fourth respondent to consider the same purely on merits.

6.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar am To 1.The District Collector,Pudukkottai District. 2.The Superintendent of Police, Pudukkottai.

3.The Joint Director, Fisheries Development Department, Pudukkottai.

4.The Revenue Divisional Officer, Pudukkottai. 5.The Inspector of Police, Meemissal Police Station, Avudaiyarkovil Taluk, Pudukkottai District.

+one cc to M/s.B.Jameel Arasu,Advocate in SR.No.63679/15 +one cc to The Special Government Pleader in SR.No. 63428/15 CSL/SK-SKN/26.11.2015 2P/8C W.P(MD).No.19657 of 2015 29.10.2015 https://hcservices.ecourts.gov.in/hcservices/