Madras High CourtWP(MD)/1105/2016dismissed

E. Palani v. The District Collector/

2023-02-14Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.1105 of 2016 and WMP(MD) Nos.928 & 929 of 2016 E.Palani Petitioner Vs.

1.The District Collector/Inspector of Panchayats, Office of the District Collector, Tirunelveli District.

2.The Commissioner, Palayamkottai Panchayat Union, Palayamkottai, Tirunelveli District.

3.The Block Development Officer, Office of the Block Development Officer, Palayamkottai, Tirunelveli District.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records connected with the re-tender notice in A2/5509/2015, dated 06.01.2016 issued by the respondent No.2 and quash the same insofar as it relates to Serial No.1 Pettaikulam and Serial No.10, Suchikulam as illegal.

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For Petitioner :Mr.S.Malaikani For R1 :Mr.T.Vilavankothai Additional Government Pleader For R2 & R3 :Mr.Velmurugan

O R D E R

This writ petition is filed as against the re-tender notice issued by the second respondent, dated 06.01.2016. 2.Today(14.02.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner submits that he has to get instructions from the petitioner and requests for some accommodation.

3.The case of the petitioner is that the second respondent conducted a public auction for granting licence for the fishery right in Pettaikulam, a water reservoir on 18.11.2015. The petitioner has participated and has also selected as a successful bidder. However, without any notice, the second respondent has cancelled the auction and issued a re-tender notice on 06.01.2016 and the same is under challenge in this writ petition.

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4.Considering the fact that the issue involved in this writ petition is only with regard to the fishing right for the year 2015, this writ petition is dismissed with a liberty to the petitioner to work out his remedy, by way of a suit, if the petitioner is having any damages as against the second respondent and shall establish his case in the suit. No costs. Consequently, connected Miscellaneous Petitions are closed.

14.02.2023 Index: Yes/No Internet: Yes/No vrn To 1.The District Collector/Inspector of Panchayats, Office of the District Collector, Tirunelveli District.

2.The Commissioner, Palayamkottai Panchayat Union, Palayamkottai, Tirunelveli District.

3.The Block Development Officer, Office of the Block Development Officer, Palayamkottai, Tirunelveli District.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.1105 of 2016 and WMP(MD) Nos.928 & 929 of 2016 14.02.2023 4/4