Madras High CourtWP(MD)/22217/2017disposed of

Ramakrishnan, v. The Executive Engineer

2017-12-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22217 of 2017 Ramakrishnan ... Petitioner Vs.

1.The Executive Engineer, Public Works Department (WRO), Mela Vaiparu Basin Division, Vasudevanallur, Tirunelveli District.

2.The Assistant Engineer, Public Works Department (WRO), Mela Vaiparu Basin Division, Vasudevanallur, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 30.10.2017 seeking to grant fishing right to the Ilangulam Tank, Narangapuram Part I Village, Tirunelveli District, on payment of necessary charges under norms of the Public Work Department. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. According to the petitioner, he was the successful bidder, with regard to the tank in question and was granted licence for the Fasli year 1425, i.e., for the year 2016. Because of some natural calamities, he was not able to carry out his work in the said period and suffered heavy loss. Therefore, he has submitted a representation before the respondents requesting them to provide him the fishery rights, for the next year, i.e., 2017, by fixing a https://hcservices.ecourts.gov.in/hcservices/

nominal amount. As the said representation is kept pending, without any action, the present petition came to be filed for the aforesaid relief.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner-company dated 30.10.2017 is disposed of, by the respondents, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 30.10.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Executive Engineer, Public Works Department (WRO), Mela Vaiparu Basin Division, Vasudevanallur, Tirunelveli District.

2.The Assistant Engineer, Public Works Department (WRO), Mela Vaiparu Basin Division, Vasudevanallur, Tirunelveli District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 91399 +1cc to Mr.R.J.KARTHICK Advocate in SR. No. 90975 GK JS/SV.MMS/SAR.4/14.12.2017/2P-5C W.P(MD)No.22217 of 2017 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/