← Library
Madras High CourtWP(MD)/22260/2018closed

B.Gireesh, v. The Director Of Fisheries,

2022-09-07Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP(MD)Nos.20184 and 20185 of 2018 B.Gireesh ... Petitioner vs.

1.The Director of Fisheries, Tamilnadu Fisheries Department, Integrated Office Building, Nandanam, Chennai-35.

2.The Superintending Engineer, Public Welfare Department, Nagercoil, Kannyakumari District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the document pertaining to the tender notification issued by the 1st respondent dated 12.10.2018 for leasing of fishery rights of Chittar reservoir and quash the same as illegal and consequently direct the 1st respondent to proceed with the tender proceedings transparently after evaluating the real value of procurement.

1/5

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The present writ petition has been filed for a Writ of Certiorarified Mandamus, to call for the document pertaining to the tender notification issued by the first respondent dated 12.10.2018 for leasing of fishery rights of Chittar reservoir and quash the same and consequently direct the first respondent to proceed with the tender proceedings transparently after evaluating the real value of procurement. 2.

Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents submitted that from the year 2018, the fishing is carried out by the department only involving share fishermen as fishing units following due procedure as per the Government Order dated 25.09.2012 issued by the Animal Husbandry, Dairying and Fisheries (FS3) Department, wherein, in share fishing, 2/3rd of the catch is taken as share by the department and 1/3rd of the catch as share is given to the share fishermen for their service. The petitioner himself is one of the 2/5

share unit out of the 10 share units (one unit-2 fishermen per coracle) involved in fishing in Chittar reservoir and presently, the same share units are involved in fishing amicably in Chittar reservoir including the petitioner. Hence, the learned Government Pleader submitted that nothing survives in this writ petition for adjudication.

3.

The learned counsel for the petitioner also submitted that in view of the abovesaid subsequent development, wherein, the petitioner is also a part, he is not pressing this writ petition. 4.

Recording the abovesaid submissions, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. [R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 07.09.2022 Internet : Yes bala To 1.The Director of Fisheries, Tamilnadu Fisheries Department, Integrated Office Building, Nandanam, Chennai-35.

3/5

2.The Superintending Engineer, Public Welfare Department, Nagercoil, Kanyakumari District.

4/5

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

bala ORDER MADE IN DATED : 07.09.2022 5/5