N.Desingamoorthy v. The Assistant Engineer

W.P.(MD) No.23935 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.23935 of 2019 and W.M.P.(MD).No.20545 of 2019 N.Desingamoorthy ... Petitioner vs.

The Assistant Engineer, Public Works Department V.V.R.Division, Thenperambur, Thanjavur.

... Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned auction notice dated nil of the respondent contemplating to lease out the lease of fishery right in respect of Kallaperambur Village tank concerned and quash the same and consequently to direct the respondent to allot the said tank based on the preferential rights enumerated in RSO 211 and G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993 to the petitioner by accepting the petitioner's claim dated 08.11.2019 within a time stipulated by this Honourable Court. For Petitioner :

Mr.K.K.Senthil For Respondents :

Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

Mr.J.Padmavathi Devi, learned Special Government Pleader takes notice on behalf of the respondent.

2.This writ petition has been filed, challenging the impugned auction notice dated nil of the respondent contemplating to lease out the lease of fishery right in respect of Kallaperambur Village tank and consequently to direct the respondent to allot the said tank, based on the preferential rights enumerated in Revenue Standing Order No.211 and G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993 to the petitioner, by accepting the petitioner's claim dated 08.11.2019 within a time stipulated by this Court.

3.According to the petitioner, he belongs to Harijan community. The respondent floated a tender for fishing rights for a period https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23935 of 2019 between 01.07.2019 and 30.06.2020 and called for application. The petitioner also applied for the same. However, it is the grievance of the petitioner that as per G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993 and Revenue Standing Order No.211, preference should be given to the Co-operative Societies or Harijans. In this regard, the petitioner made a representation to the respondent on 08.11.2019 setting out the contents of G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993.

4.Now that, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the respondent to dispose of the representation dated 08.11.2019, in the light of G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993 and Revenue Standing Order No.211. 5.Accordingly, a direction is given to the respondent to dispose of the petitioner's representation dated 08.11.2019, either accepting or rejecting the same, in the light of G.O.Ms.No.332, Animal Husbandry and Fisheries Department dated 17.11.1993 and the Revenue Standing Order No.211 within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) vs To The Assistant Engineer, Public Works Department V.V.R.Division, Thenperambur, Thanjavur.

+1 CC to Mr.K.K.SENTHIL, Advocate ( SR-98259[F] dated 14/11/2019 ) +1 CC to SPL.GP ( SR-98834[F] dated 15/11/2019 ) W.P.(MD) No.23935 of 2019 13.11.2019 VB(29.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2