The Executive Officer v. A.Micheal Kalins

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD) No.6641 of 2023

1. The Executive Officer, Special Grade Town Panchayat, North Valliyoor, Tirunelveli.

2.The President, Special Grade Town Panchayat, North Valliyoor, Tirunelveli.

... Appellants -vs1.A.Michael Kalins ... 1st Respondent/Petitioner 2.The Assistant Director of Fisheries, C.42/26, Cross Street, Maharaja Nagar, High Ground, Tirunelveli.

... 2nd Respondent/1st Respondent

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 09.04.2023, passed in W.P.(MD) No.6224 of 2023, on the file of this Court. For Appellant :

Mr.H.Arumugam For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R2

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The appeal itself is wholly unnecessary. The Writ Court has only directed the respondent to consider the financial viability before terminating the lease. Probably, the respondents were not properly advised regarding the scope of the order of the Writ Court.

2. It is open to the appellants to consider the financial viability of continuing the lease or going for a public auction or conducting the fish market by themselves. If they come to a conclusion that any one of the above three will be more beneficial, they can follow the same.

3. In view of the same, we do not see any reason to entertain this writ appeal and therefore, the appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 14.06.2023 NCC : No Index : No Internet : Yes PKN To:

1. The Executive Officer, Special Grade Town Panchayat, North Valliyoor, Tirunelveli.

2.The President, Special Grade Town Panchayat, North Valliyoor, Tirunelveli.

3. The Assistant Director of Fisheries, C.42/26, Cross Street, Maharaja Nagar, High Ground, Tirunelveli.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 14.06.2023