David v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and WMP(MD)No.7934 of 2021 David ... Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Executive Engineer, Water Resource Organization, Vaipar Basin Division, Virudhunagar District.
3.The Assistant Executive Engineer, Water Resource Organization, Vaipar Basin Sub Division, Thoothukudi.
4.The Assistant Director - Fisheries Department, Water Resource Organization, Vaipar Basin Sub Division, Thoothukudi.
5.The Assistant Engineer, Water Resource Organization, Vaipar Basin Sub Division, Pudur, Vilathikulam Taluk, Thoothukudi District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorariefied Mandamus, calling for the records and restraining the respondents from proceeding and or acting upon its notice under KO6/2021/E.PO/Pudur, dated 07.06.2021 issued by the 5th respondent and quash the same as illegal and to direct the first respondent to consider the petitioner's representation, dated 23.03.2021 to extend the lease granted in respect of the Kanmaai of lake managed by the Vilathikulam Vaipar Basin Sub Division in Thoothukudi 1/3
District by 10 months on conditions as may be deemed appropriate by this Court.
For Petitioner : Mr.S.Loganathan For Respondents : Mr.M.Lingadurai, Government Advocate
ORDER
This Writ Petition has been filed challenging the auction notice issued by the fifth respondent.
2. The learned Government Advocate appearing on behalf of the respondents submitted that the auction was held on 16.06.2021 and since the bid amount was not deposited by the highest bidder, the auction itself has been cancelled and the fifth respondent will proceed further to conduct a fresh auction.
3. In view of this development, no further orders can be passed in the present Writ Petition and it will be left open to the fifth respondent to proceed further to issue a fresh notification in accordance with the Rules and grant the fishing rights.
4. The Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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. 2/3
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Executive Engineer, Water Resource Organization, Vaipar Basin Division, Virudhunagar District.
3.The Assistant Executive Engineer, Water Resource Organization, Vaipar Basin Sub Division, Thoothukudi.
4.The Assistant Director - Fisheries Department, Water Resource Organization, Vaipar Basin Sub Division, Thoothukudi.
5.The Assistant Engineer, Water Resource Organization, Vaipar Basin Sub Division, Pudur, Vilathikulam Taluk, Thoothukudi District.
+1 CC to SPL GP ( SR-20878[F] dated 01/07/2021 ) Order made in and WMP(MD)No.7934 of 2021 Dated :
29.06.2021 KM(08.07.2021) 3P 7C 3/3