Madras High CourtWP(MD)/8751/2017disposed of

R.Mani, v. The District Collector,

2017-07-13Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8751 of 2017 R.Mani .. Petitioner Vs.

1. The District Collector, Nagercoil,

2. The Superintendent of Police, Nagercoil,

3. The Executive Engineer(PWD), Thuckalay,

4. The Tahsildar, Thuckalay,

5. The Inspector of Police, Thuckalay Police Station,

6. Thakkali @ Thanaselvan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 5 to take action upon the sixth respondent based on the representation given by the petitioner dated 19.01.2017 and 16.01.2017 with regard to Nerniyakulam Pond/Oorani at Thuckalay Village, Keelakalkurichi, Kottukulamkarai, Kanyakumari District. For Petitioner : Mr.F.Deepak For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader for R.1 to R.5 : Mr.S.J.Chakravarthy for R.6

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to take action against the sixth respondent on allegation that he is in unauthorised occupation of the Nerniyakulam Pond/Oorani at Thuckalay Village.

2. The learned Counsel for the sixth respondent, by producing a copy of the proceedings, dated 31.07.2014, submitted that the fishing right was given to the Kanyakumari District Fishermen Society. According to the learned Counsel, the sixth respondent is only an employee of the Society.

3. Since permission was granted to the Society to exercise the fishing right, there is no question of taking action for removal of encroachment. It is always open to the petitioner to challenge the order dated 31.07.2014, if he is aggrieved.

4. The Writ Petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Nagercoil,

2. The Superintendent of Police, Nagercoil,

3. The Executive Engineer(PWD), Thuckalay,

4. The Tahsildar, Thuckalay,

5. The Inspector of Police, Thuckalay Police Station, +1cc to Mr.F.Deepak. Advocate SR.NO.65355 +1cc to Mr.S.J.Chakravarthy, Advocate SR.NO.65092 +1cc to The Spl.Government Pleader SR.NO.65679 SSL/DSK VB/KP/SAR1/25.07.2017/3P/9C W.P.(MD)No.8751 of 2017 13.07.2017