Edali.C v. The Commissioner Of Fisheries

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 17.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD) Nos.7919 and 7921 of 2021 (Through Video Conferencing) C.Edali ... Petitioner Vs.

1.The Commissioner of Fisheries, Fisheries Department Fisheries & Administrative Office Buildings, Teynampet, Chennai.

2.The Deputy Director of Fisheries Madurai Region, Fisheries Department Madurai.

3.The Assistant Director of Fisheries Vaigai Dam at Theni District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent herein to extend the lease of fishing right in Manjalar Reservoir, Theni District for a period of one year from 23.06.2021 to 22.06.2022 with an increase of 10% increase on the previous lease amount paid by the petitioner to the respondent in the wake of pandemic Covid-19 for having lost life and livelihood. For Petitioner :Mr.K.Appadurai For Respondents :Mr.M.Lingadurai Government Advocate (Civil)

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 22.05.2021, wherein, the petitioner is seeking for extension of his fishing rights for one more year up to 22.06.2022.

2. The case of the petitioner is that he was the highest bidder in the auction conducted by the first respondent and he was granted fishing rights for a period of five years from 20.06.2016 to 19.06.2021.

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3. The grievance of the petitioner is that during the period from 2020-2021, the petitioner was not able to exercise his fishing rights due to the lock-down and he has faced severe loss of income. Therefore, the petitioner made a representation to the respondents seeking for extension of the period for one year up to 22.06.2022. Since the same was not considered, the present writ petition has been filed before this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (civil) for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 22.05.2021 and take a decision within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of this order. A copy of the representation shall also be marked to the third respondent.

6. This writ petition is disposed of with the above directions. No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CSI) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. RR To 1.The Commissioner of Fisheries, Fisheries Department Fisheries & Administrative Office Buildings, Teynampet, Chennai.

2.The Deputy Director of Fisheries Madurai Region, Fisheries Department Madurai.

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3.The Assistant Director of Fisheries Vaigai Dam at Theni District.

+1 CC to M/s.K.APPADURAI, Advocate ( SR-19617[F] dated 18/06/2021 ) +1 CC to M/s.SPL GP ( SR-19663[F] dated 18/06/2021 ) 17.06.2021 GS (25.06.2021) 3P 6C 3/3