P.Jayaseelan v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)Nos.7962 & 7963 of 2025 1.P.Jayaseelan 2.S.Ameen Khan 3.S.Selvam 4.A.Abdul Sukkur 5.M.Shajahan 6.K.Palani 7.A.Arulandu 8.Liyakath Ali 9.H.Noor Mohamed 10.S.Subaitha Begam 11.S.Senthilkumar 12.P.Arumugam 13.S.Almathina 14.A.Samsunisha 15.J.Ajitha 16.P.Thiyagarajan 17.S.Sangeetha 18.Periyasamy 19.Ragubathy .... Petitioners /Vs/
1. The Secretary to Government Revenue and Disaster Management St.George Fort, Chennai - 600 001.
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2. The Secretary to Government Animal Husbandry Dairing Fisheries And Fisheries Welfare, Department Nandanam, Chennai - 600 035.
3. The Commissioner of Land Administration, Revenue and Disaster Management, Ezhilagam, Chennai
4. The District Collector, Office of the Collectorate Building Pudukottai
5. The Revenue Divisional Officer Aranthangi Taluk, Pudukottai District.
6. The Tahsildar Avudayarkovil Taluk, Pudukottai District
7. The Assistant Director of Fisheries, Pudukottai, Pudukottai District.
8. The Assistant Engineer Operation and Maintenance TANGEDCO Karur Ss - Aranthani, Pudukottai District. .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to 4 to take appropriate steps for granting lease in respect of S.F.No.89,90, 91, 92, 93, 94, 95,99, 100, 101, 102,103,104,105,106 and 108 at Nattani Purasakkudi Village and S.F.No. 27/3 at Vizhimar Village at Avudaiyarkovil Taluk, Pudukottai District, in favour of the petitioners 2/7
respectively by considering their representation dated 16.12.2024 and consequently direct the respondents not to take any coercive steps against the petitioners operation and activity in their respective Aqua Culture Farm.
For Petitioner : Mr.K.Baalasundaram Senior Counsel for M/sKBS Law Office For R1 to R7 : Mr.M.Lingadurai Special Government Pleader
ORDER
I have heard Mr.Baalasundaram, learned Senior Counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 7.
2. The learned Senior Counsel appearing for the petitioner would submit that the petitioners have made an application for granting of lease right for carrying out Aqua Culture Farm in the Poramboke lands belonging to the State Government. According to the learned Senior Counsel, the Electricity Department has already provided service connection and the petitioners have spent a sum of Rs.5,00,000/- in this 3/7
regard. The Electricity department has further directed the petitioners to obtain necessary approval from the authorities and now they are threatening to disconnect the Electricity connection. 3.The learned Senior Counsel submits that even as early as on 16.12.2024, the petitioners have made an application to the respondents and depending on the pecuniary limit, the authority concerned, namely, the respondents 3 to 6 may have to take up the petitioners application and pass final orders and he therefore, seeks for necessary protection from disconnection of the electricity service connection.
4. Per contra, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 7 would submit that the CLA is the competent authority. On instructions from Mrs.C.Kavitha, the Inspector of Fisheries, Pudukkottai, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 7 submitted that the electricity service connection has already been disconnected and the Tashildar has issued a notice about a month back calling upon the petitioners to stop all further activities.
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5. However, the learned Senior Counsel appearing for the petitioner would submit that there is no such disconnection of electricity service connection as contended and that the petitioner is continuing the Aqua Farm activities.
6. Be that as it may, the petitioner has already made an application on 16.12.2024 seeking lease for carrying out the Aqua Culture operations. Based on the said application, the Electricity department has also provided service connection with a condition that necessary approvals will have to fall in place, failing which, the electricity connection would be disconnected. The petitioner has promptly made an application even as early as in December 2024 and the authorities are yet to pass orders on the said application.
7. In view of the above, the writ petition is disposed of directing the fourth respondent to forward the final report to the third respondent after getting the reports from the respondents 5 to 7, within a period of twelve weeks from the date of receipt of a copy of this order. In the interregnum period, the electricity service connection, which is enjoyed 5/7
by the writ petitioners shall not be disturbed, if not already disconnected, subject to the final orders passed by the third respondent. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No NCC : Yes / No 17.04.2025 am To
1. The Secretary to Government Revenue and Disaster Management St.George Fort, Chennai - 600 001.
2. The Secretary to Government Animal Husbandry Dairing Fisheries And Fisheries Welfare, Department Nandanam, Chennai - 600 035.
3. The Commissioner of Land Administration, Revenue and Disaster Management, Ezhilagam, Chennai.
4. The District Collector, Office of the Collectorate Building Pudukottai.
5. The Revenue Divisional Officer Aranthangi Taluk, Pudukottai District.
6. The Tahsildar Avudayarkovil Taluk, Pudukottai District.
7. The Assistant Director of Fisheries, Pudukottai, Pudukottai District.
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P.B. BALAJI , J.
am Order made in Dated:
17.04.2025 7/7