Murugaiah v. The District Collector

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 W.M.P(MD)No.22628 of 2019 Murugaiah ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Collector, Tenkasi District, Tenkasi.

3.The Assistant Director of Fisheries, Fisheries Department, Tirunelveli District.

4.The Executive Engineer, Public Works Department, Melavaipparu Basin Division, Melavaipparu, Rajapalayam, Virudhunagar District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the fourth respondent not to conduct auction for fishery rights in Periyakulam Kanmai situated in Survey No.590/A, Malaiyadikurichi Village, Tirunelveli District, vide order, dated 19.11.2019 in O.Mu.No.Vu3/44253/2019 passed by the first respondent.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.V.Nirmal Kumar Government Advocate

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the fourth respondent not to conduct auction for fishery rights in Periyakulam Kanmai situated in Survey No.590/A, Malaiyadikurichi Village, Tirunelveli District, vide order, dated 19.11.2019 in O.Mu.No.Vu3/44253/2019 passed by the first respondent.

2. It appears that the period relating to the tender itself is over and nothing survives in this Writ Petition for adjudication. 2/5

3. In view of the above, this Writ Petition is dismissed as infructuous. However, if there is any violation in relating to the fishing rights, it is always open to the petitioner to approach the authority concerned to redress his grievance. No costs. Consequently, connected Miscellaneous Petition is closed.

[R.M.D.,J.] & [J.S.N.P.,J.] 07.09.2022 Index : Yes / No Internet : Yes ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Collector, Tenkasi District, Tenkasi.

3.The Assistant Director of Fisheries, Fisheries Department, Tirunelveli District.

4.The Executive Engineer, Public Works Department, Melavaipparu Basin Division, Melavaipparu, Rajapalayam, Virudhunagar District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 07.09.2022 5/5