Arumugam S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Arumugam ... Petitioner -vs1.The District Collector, District Collectorate, Perungudi(Post), Madurai - 625 020.
2.The Director (Fisheries), 4th Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.
3.The Joint Director (Fisheries), Tamil Nadu Fisheries Department, No.2, 6th Street, Mela Ponnagaram, 4.The Assistant Director (Fisheries), Tamil Nadu Fisheries Department, No.2, 6th Street, Mela Ponnagaram, 5.The Chief Engineer, Public Welfare Department, Pennycuick Complex, Tallakulam, Madurai - 625 002.
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6. The President, A2407, South Taluk Inland Fisherman Co-operative Society, 6, Main Road, Mela Ponnagaram, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to continue the tender allotted to the petitioner through A2407 South Taluk Inland Fisherman Society, Madurai, as per the agreement in Na.Ka.No.85/e/2020. For Petitioner :
Mr.G.Rajasekar For R1 to R5 :
Mr.B.Saravanan Additional Government Pleader For R6 :
Mr.S.Rajasekar for M/s.Lajapathi Roy Associates
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to exercise the fishing rights in line with the tender that was allotted in his favour by the sixth respondent Society.
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2. Heard the learned counsel appearing on behalf of the petitioner, the learned Additional Government Pleader appearing on behalf of the respondents 1to 5 and the learned counsel appearing on behalf of the sixth respondent.
3. The materials placed before this Court shows that the fishing right was granted in favour of the sixth respondent Society. The fourth respondent in the counter affidavit has stated that the petitioner is not even a Member of the Society. The fourth respondent has also taken a further stand that the fishing rights that were given in favour of the sixth respondent cannot in turn be given in favour of the petitioner, since it goes against the very conditions imposed while granting permission to the sixth respondent Society.
4. The learned counsel appearing on behalf of the sixth respondent submitted that the sixth respondent had never issued any tender in favour of the petitioner. The materials relied upon by the petitioner also does not show anywhere that any tender was given in his favour by the sixth respondent Society.
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5. In view of the above, the relief sought for by the petitioner cannot granted by this Court and this Writ Petition stands dismissed. No costs. NCC : Yes/No 15.11.2023 Index : Yes/No smn2 To 1.The District Collector, District Collectorate, Perungudi(Post), Madurai - 625 020.
2.The Director (Fisheries), 4th Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.
3.The Joint Director (Fisheries), Tamil Nadu Fisheries Department, No.2, 6th Street, Mela Ponnagaram, 4.The Assistant Director (Fisheries), Tamil Nadu Fisheries Department, No.2, 6th Street, Mela Ponnagaram, 5.The Chief Engineer, Public Welfare Department, Pennycuick Complex, Tallakulam, Madurai - 625 002.
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6. The President, A2407, South Taluk Inland Fisherman Co-operative Society, 6, Main Road, Mela Ponnagaram, 5/6
N.ANAND VENKATESH, J.
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