V.Pethimaharajan, v. The Principal Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Pethimaharajan ... Petitioner vs.

1.The Principal Secretary, Public Works and Highway Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.

2.The District Collector, Office of the District Collector, Madurai, Madurai District.

3.The Chief Engineer, Office of the Chief Engineer, Public Works Department, Thallakulam, Madurai.

4.The Executive Engineer, Office of the Executive Engineer, Public Works Department, Periyar Channel Division, Melur, Madurai District.

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5.The Assistant Engineer, Office of the Assistant Engineer, Public Works Department, P.Mettupatti, Vadipatti Taluk, Madurai District.

6.Thanikodi ... Respondents (R - 6 is suo motu impleaded vide order dated 08.08.2019) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to give fishing rights and other rights in respect of Veppankulam Kanmai at Maranivariyenthal Village, comprised in Survey No.2/2, only by conducting public auction in terms of the procedure contemplated under the Tamil Nadu Transparency in Tenders Act.

For Petitioner : Mr.S.Malaikani For RR 1 to 5 : Mr.S.P.Maharajan Additional Government Pleader For R - 6 : Mr.S.Ravindran

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents to give fishing rights and other rights in respect of Veppankulam Kanmai at Maranivariyenthal Village, comprised 2/5

in Survey No.2/2, only by conducting public auction in terms of the procedure contemplated under the Tamil Nadu Transparency in Tenders Act.

2. It is reported that the petitioner died.

3. The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that public auction would be conducted for fishing rights in Veppankulam Kanmai, as per G.O.Ms.No.201, Animal Husbandry, Dairying and Fisheries (FS-6) Department, dated 19.10.2017.

4. In view of the same, nothing survives in this Writ Petition for adjudication. Accordingly, this Writ Petition is dismissed as infructuous. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] 07.09.2022 Index : Yes / No Internet : Yes ps 3/5

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.

To 1.The Principal Secretary, Public Works and Highway Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.

2.The District Collector, Office of the District Collector, Madurai, Madurai District.

3.The Chief Engineer, Office of the Chief Engineer, Public Works Department, Thallakulam, Madurai.

4.The Executive Engineer, Office of the Executive Engineer, Public Works Department, Periyar Channel Division, Melur, Madurai District.

5.The Assistant Engineer, Office of the Assistant Engineer, Public Works Department, P.Mettupatti, Vadipatti Taluk, Madurai District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 07.09.2022 5/5