Madras High CourtWP(MD)/21215/2017disposed of

A.Ashok Kumar, v. Govt.Of Tamil Nadu,

2017-11-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21215 of 2017 and WMP(MD)No.17492 of 2017 A.Ashok Kumar ... Petitioner Vs.

1.Government of Tamil Nadu, Rep.by its Chief Secretary, St.George Fort, Secretariat, Chennai.

2.The Commissioner, Fish Development, DMS Complex, Teynampet, Chennai - 06.

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

4.The District Collector, Theni District, Theni.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd respondent to grant extension of fishing right lease period of 2014 to 2017 for one more year i.e. upto June 2018 for the Gudalure Mythili Mannadikulam Kanmoi (Ottangulam Kanmai) of Uthamapalayam Taluk in Theni District, considering the petitioners representation dated 27.06.2017.

For Petitioner : Mr.V.Nagendran For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the 3rd respondent to grant extension of fishing right lease period of 2014 to 2017 for one more year i.e. upto June 2018 for the Gudalure Mythili Mannadikulam Kanmoi (Ottangulam Kanmai) of Uthamapalayam Taluk in Theni District, considering the petitioners representation dated 27.06.2017.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that the petitioner being the successful bidder in the lease for fishing, in respect of the Kanmoi in question, for the period from 2014 to 2017, by representation dated 27.06.2017, requested extension of the lease period, on the ground that he suffered a loss during the said period, due to drought. As the lease period is not extended yet, the petitioner is before this Court.

5.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation would be considered on merits within the time stipulated by this Court. 6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the third respondent to consider the representation dated 27.06.2017 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 six weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary, St.George Fort, Secretariat, Chennai.

2.The Commissioner, Fish Development, DMS Complex, Teynampet, Chennai - 06.

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

4.The District Collector, Theni District, Theni.

+1cc to Special Government Pleader, SR.No. 88216 +1cc to M/S.V.Nagendran, Advocate SR.No. 87828 ORDER MADE IN W.P(MD)No.21215 of 2017 17.11.2017 https://hcservices.ecourts.gov.in/hcservices/ DSK JM/SKN RSK/SAR 2/28.11.2017/2P/7C