K.Mubarak v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) Nos.9875 and 9877 of 2025 1.K.Mubarak 2.Mohamed Wasim 3.Farook Ali ... Petitioners Vs.
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.
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, praying for issuance of 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 Nattanipurasakkudi Village and S.F.No.27/3 at Vizhimar Village at Avudaiyarkovil Taluk, Pudukottai District in favour of the petitioners respectively to continue their respective Aqua Culture farm by considering their representation dated 12.12.2024 and consequently, direct the respondents not to take any coercive steps against the petitioners operation and activity in their respective Aqua Culture Farm.
For Petitioners : Mr.B.Micheal Sebastin For R1, R3 to R6 : Mr.A.Baskaran Additional Government Pleader For R2 & R7 : Mr.M.Gangadharan Government Advocate For R8 : Mr.S.Deenadhayalan Standing Counsel
ORDER
The petitioners herein seek a direction to the respondents 1 to 4 to consider their representation dated 12.12.2004 and to grant lease of the lands situated in Survey Field No.89,90, 91, 92, 93, 94, 95, 99, 100, 101, 102, 103, 104, 105, 106 and 108 at Nattanipurasakkudi Village and S.F.No.27/3 at Vizhimar Village, Avudaiyarkovil Taluk, Pudukottai District.
2.Heard the arguments of Mr.B.Micheal Sebastin, learned counsel appearing for the petitioners, Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1, 3 to 6, Mr.M.Gangadharan, learned Government Advocate appearing for the respondents 2 and 7 and Mr.S.Deenadhayalan, learned Standing Counsel
appearing for the eight respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is the case of the petitioners that the above said lands were originally given to the petitioners' father for doing cultivation and they have also got patta. Since the lands were situated in a coastal zone and the same are not suitable for cultivation, the petitioners started Aqua Culture Farm by investing huge money. Subsequently, the six respondent cancelled the patta issued to the petitioners on the ground that the petitioners failed to cultivate the lands. Now, the eight respondent is attempting to cut off the power connection on the ground that the patta issued to the petitioners has been cancelled. 4.The petitioners already submitted a representation on 12.12.2024 before the fourth respondent seeking grant of lease in respect of the above mentioned lands to enable the petitioners to continue the Aqua Culture Farm. The said representation has not been considered. Hence, the petitioners have come before this Court seeking mandamus.
5.The learned Additional Government Pleader appearing for the respondents 1 and 3 to 6 would submit that the lease of the large extent of property claimed by the petitioners can be considered only by the Commissioner of Land Administration.
6.In view of the said submissions made by the learned Additional Government Pleader appearing for the respondents, without going into the merits of the claim made by the petitioners, this Court is inclined to direct the fourth respondent to forward his report to the third respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of the report from the fourth respondent, the third respondent shall consider the representation of the petitioners dated 12.12.2024 and pass final orders on its own merits within a further period of four weeks.
7.Since it is stated that the petitioners have already invested huge funds and they have been running the Aqua Culture Farm for the past 20 years, the eight respondent is directed not to disturb the power connection for a period of eight weeks or till the disposal of the
representation by third respondent, which ever is earlier. No costs. Consequently, connected miscellaneous petitions are closed. 03.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp 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.
S.SOUNTHAR ,J cp W.P.(MD)No.13708 of 2025 Dated: 03.06.2025