Madras High CourtWP(MD)/17633/2016disposed of

S.Arumugam v. The Executive Engineer

2016-09-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.17633 of 2016 S.Arumugam ... Petitioner Vs.

1.The Executive Engineer, Public Works Department Tamirabarani Basin Division, Tirunelveli-2, Tirunelveli District.

2.The Assistant Executive Engineer, Public Works Department Tamirabarani Basin Division, Tirunelveli-2, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider and pass orders on the representation of the petitioner dated 26.08.2016 in the light of G.O.M.S.No.332, Animal Husbandry and Fisheries (FDS.IV) Department, dated 17.11.1993 and direct the respondents to renew the Pudukulam Chathiram tank lease for five years 2015-2016 to 2019-2020. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.R.Anandharaj Government Advocate

ORDER

This Writ Petition is filed seeking a direction to consider the petitioner's representation dated 26.08.2016 to renew the Pudukulam Chathiram tank lease for five years 2015-2016 to 20192020. 2.According to the petitioner, the lease for Sathiram Pudukulam pond was granted to him for one year by the first respondent from 14.10.2015 to 30.06.2016 and during the lease period, due to heavy rain, he suffered a heavy loss. Hence, he made a representation to the first respondent to extend the lease for five years, pursuant to the G.O.Ms.No.332, Animal Husbandry and Fisheries (FDS.IV) Department, dated 17.11.1993. But, the https://hcservices.ecourts.gov.in/hcservices/

respondent did not consider his representation. Hence, he has filed the present writ petition.

3.Heard Mr.R.Anandharaj, the learned Government Advocate appearing for the respondents.

4.Considering the above submissions and the facts and circumstances of the case, without expressing any opinion on the merits of the case, since the representation of the petitioner is pending with the first respondent, the first respondent is directed to consider the representation of the petitioner, dated 08.09.2016, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar vs To 1.The Executive Engineer, Public Works Department Tamirabarani Basin Division, Tirunelveli-2, Tirunelveli District.

2.The Assistant Executive Engineer, Public Works Department Tamirabarani Basin Division, Tirunelveli-2, Tirunelveli District.

+1 cc to Mr.J.JEYAKUMARAN ,Advocate, Sr.No: 53117 +1cc to M/S Special Government Pleader, Sr No.53955 JAM/DB/28.09.16 /2P-5C W.P(MD)No.17633 of 2016 19.09.2016 https://hcservices.ecourts.gov.in/hcservices/