Balamurugan.R.A v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.A.Balamurugan ... Petitioner -vs1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Chief Engineer (WRO), Public Works Department, Madurai Division, Madurai.

4.The Assistant Director, Department of Fisheries, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to lease out the fisheries rights in regard to the Siruthur Periya and Siruthur Siriya Kanmoi, situated in Ward 25 of Madurai North Taluk, Madurai District, by initiating the tender process by considering the representation of the petitioner, dated 21.06.2021.

1/4

For Petitioner :

Mr.K.Prabhu For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to lease out the fishery rights with regard to Siruthur Periya and Siruthur Siriya Kanmoi, situated in Ward 25 of Madurai North Taluk, Madurai District, by considering the representation made by the petitioner on 21.06.2021.

2. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents, based on the written instructions received from the fourth respondent, submitted that pursuant to the orders passed by the Division Bench of this Court, dated 18.02.2021, in W.P.(MD)No.19415 of 2020, a decision has been taken not to give any fishing rights to third parties. The fourth respondent has relied upon the proceedings of the second respondent, dated 15.07.2021, in this regard.

2/4

3. In view of the above, the relief sought for by the petitioner cannot be granted by this Court. If the petitioner is aggrieved by the decision that was taken by the Madurai Corporation, it is left open to him to work out his remedy in accordance with law.

4. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 18.10.2023 Index : Yes/No smn2 To 1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Chief Engineer (WRO), Public Works Department, Madurai Division, Madurai.

4.The Assistant Director, Department of Fisheries, Madurai.

3/4

N.ANAND VENKATESH, J.

smn2 18.10.2023 4/4