Madras High CourtWP(MD)/15747/2017disposed of

Esakki Pandiyan, v. The Commissioner,

2017-08-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15747 of 2017 Esakki Pandiyan ... Petitioner Vs.

The Commissioner Ambasamudram Panchayat Union, Ambasamudram, Tirunelveli District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner's representation dated 12.08.2017 and pass necessary orders to extend fishery right in favour of petitioner for one more year (1426 Fasali year) 01.07.2017 to 30.06.2018 in respect of "Moovarkukam" in Vellanguli Village, Ambasamudram Taluk, Tirunelveli District.

For Petitioner : Mr.D.Nallathambi For Respondent : Mr.M.Rajarajan ******

O R D E R

This writ petition has been filed, seeking to direct the respondent to consider the petitioner's representation dated 12.08.2017 given by him for extension of fishery rights in his favour for one more year (1426 Fasali year) from 01.07.2017 to 30.06.2018 in respect of "Moovarkukam" in Vellanguli Village, Ambasamudram Taluk, Tirunelveli District.

2.Heard the learned Counsel appearing on either side.

3. It is the case of the petitioner that the petitioner was declared as a successful bidder and he paid a sum of Rs.63,503/- for the fasali year 1425 from 01.07.2016 to 30.06.2017 for the fishery rights in Moovarkulam Pond in Vellanguli Village. It is the further case of the petitioner that since he did not get any profit out of fishery right due to lack of rainfall in the previous year, he made a oral representation to the respondent to postpone the auction and the same was also postponed. https://hcservices.ecourts.gov.in/hcservices/

Subsequently, the petitioner sent a written representation dated 12.08.2017 to the respondent, seeking to extend the fishery right for the period from 01.07.2017 to 30.06.2018. So far, no action was taken by the respondent. Hence, the petitioner has come before this Court with the above said prayer.

4. The learned Standing Counsel appearing for the respondent has fairly submitted that the representation of the petitioner dated 12.08.2017 is under favourable consideration, provided the petitioner meets out all the requirements as per law. The said statement is recorded.

5. In view of the above, this writ petition is disposed of, directing the respondent to pass appropriate orders on the representation dated 12.08.2017, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

The Commissioner Ambasamudram Panchayat Union, Ambasamudram, Tirunelveli District.

+1 cc to Mr.D.Nallathambi , Advocate in SR.No. 75118 rm/ar AE/SKN RSK/SAR4/04.09.2017/2P/3C W.P(MD)No.15747 of 2017 28.08.2017 https://hcservices.ecourts.gov.in/hcservices/