S.Hariharaputhiran, v. The Secretary To Goverment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.1406, 1407 and 1408 of 2016 S.Hariharputhiran

...Petitioner

Vs 1.The Secretary to Government, Public Works Department, St.George Fort, Chennai.

2.The Assistant Engineer, Water Resources Organization, Public Works Department, Manimuthar Basin Division, Manimuthar, Ambasamudram Taluk, Tirunelveli District.

3.A.Nalla Perumal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned G.O.(Ms).No.16, Public Works Department, dated 14.01.2011 issued by the first respondent and the consequential auction notice of the second respondent in Letter 1/5

No.U.Po/Perunkal/Ko.3/2015 dated 16.10.2015 and quash the same in respect of Nandupidithan Kulam and consequently forbear the respondents from interfering with the fishery right of the petitioner over the Karungulam at South Kallidaikurichi Village, Tirunelveli District. For Petitioner : Mr.K.Sudalaiyandi For R-1 & R-2 : Mr.J.K.Jayaselan Government Advocate For R-3 : No Appearance

O R D E R

Heard Mr.K.Sudalaiyandi, learned counsel for the petitioner and Mr.J.K.Jayaselan, learned Government Advocate for the respondents 1 and 2.

2. The Writ Petition has been filed challenging the impugned G.O.(Ms).No.16, Public Works Department, dated 14.01.2011 issued by the first respondent and the consequential auction notice of the second respondent dated 16.10.2015, in respect of Nandupidithan Kulam and consequently forbear the respondents from interfering with the fishery right of the petitioner over the Karungulam at South Kallidaikurichi Village, Tirunelveli District.

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3. When the matter was taken up for hearing, the order passed by the learned Single Judge of this Court in W.P.(MD).Nos.10 and 446 of 2016, dated 05.10.2023 had been placed on record and contended that the impugned Government Order have been upheld even in the earlier round of litigation in W.P.(MD)Nos.6840 and 7061 of 2012 etc., dated 20.10.2022.

4. In view of the earlier judgments, since the Government Order impugned in this Writ Petition has been already upheld, no further orders are required to be passed in this Writ Petition.

5. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

22.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Secretary to Government, Public Works Department, St.George Fort, Chennai.

2.The Assistant Engineer, Water Resources Organization, Public Works Department, Manimuthar Basin Division, Manimuthar, Ambasamudram Taluk, Tirunelveli District.

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K.KUMARESH BABU , J.

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