M.Pandiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2017

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.20755 of 2017 and W.M.P(MD).No.17048 of 2017 M.Pandiyan ... Petitioner -vs1.The District Collector, Theni District, Theni.

2.The Commissioner of Fisheries, Fisheries Department, DMS Campus, Admin Building Teynampettai, Chennai-600 006.

3.The Assistant Director of Fisheries (Inland Fishing) Fisheries Department, Theni @ Vaigai Dam, Theni District.

... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India, issue a writ of mandamus, directing the third respondent to consider the petitioner's representation dated 08.03.2017 and adjust the lease amount paid by the petitioner for the period of 3rd year 2016-17 towards the lease amount for the year 2017-2018 in respect of Sengulam Kanmoi, situated in Genguarpatty Village, Periyakulam Taluk, Theni District.

For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2.According to the petitioner, he is the successful bidder in the tender for fishing, in respect of the tank in question, for the lease period from 2014 to 2017. Pointing out that he suffered a huge loss during the period due to failure of monsoon, he sent a representation on 08.03.2017 to the respondents requesting to extend the lease period. Since his request is kept pending without consideration, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation would be considered on merits and in accordance with law with the time stipulated by this Court.

4.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the representation dated 08.03.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Commissioner of Fisheries, Fisheries Department, DMS Campus, Admin Building Teynampettai, Chennai-600 006.

3.The Assistant Director of Fisheries (Inland Fishing) Fisheries Department, Theni @ Vaigai Dam, Theni District.

+1cc to M/S.S.Vellaichamy, Advocate SR.No. 86395 W.P(MD).No.20755 of 2017 10.11.2017 dsk JM/SKN RSK/SAR 3/13.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/