Chetti Ambalam.C v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD) No.11265 of 2023 C.Chetti Ambalam ... Petitioner Vs.

1.The Executive Engineer, Water Resource Organization/ Public Works Department, Sarugani River Basin Division, Sivagangai.

2.The Assistant Executive Engineer, Water Resource Organization/ Public Works Department, Sarugani River Basin Sub Division, Manamadurai Post, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to accept the petitioner's tender application and to issue Fishery Right Lease Order in favour of the petitioner in respect of Poovandhi Tank, Thiruppuvanam Taluk, Sivagangai District, is concerned, for a period of three years commencing from the date of handing over the tank.

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For Petitioner :

Mr.Saravanakumar For Respondents :

Mr.N.Muthuvijayan Special Government Pleader

ORDER

The writ petition has been filed in the nature of a mandamus seeking a direction against the respondents to accept the tender application of the petitioner and issue fishery right lease order in favour of the petitioner with respect to Poovandhi Tank, Thiruppuvanam Taluk, Sivagangai District.

2. The petitioner had participated in the auction for the fishery rights and had quoted a total sum of Rs.82,000/-. This was the highest bid. It had been stated, however, by the learned special Government pleader that the bid amount was fixed at Rs.8,000/- originally and the auction was conducted, and in the first instance, two tenderers quoted Rs.12,000/- and Rs.11,000/- respectively. Thereafter there were objections from the villagers and re-auction was conducted. In the re-auction, the petitioner had quoted Rs.82,000/-. It is stated that again there are some opposition from the villagers and that a considered decision would be taken in due course.

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3. A direction is given to the respondent to examine all the issues, including putting the petitioner on notice and examining the representations of the villagers and thereafter take a decision. The decision should be taken within a period of two weeks from the date of receipt of a copy of this order.

4. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

08.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Executive Engineer, Water Resource Organization/ Public Works Department, Sarugani River Basin Division, Sivagangai.

2.The Assistant Executive Engineer, Water Resource Organization/ Public Works Department, Sarugani River Basin Sub Division, Manamadurai Post, Sivagangai District.

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C.V.KARTHIKEYAN, J.

pnn W.P(MD)No.11366 of 2023 and W.M.P.(MD) No.11265 of 2023 08.06.2023 4/4