Selvam R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 30.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27030 of 2022 and W.M.P(MD)No.21198 of 2022 R.Selvam ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.
2.The Assistant Director, Fishery and Fisherman Welfare Department, Madurai, Madurai District.
3.The Executive Engineer, P.W.D.Department, Melur, Madurai District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to dispose of the Petitioner's representation, dated 25.11.2022 relates to the extention of time to pay the balance bid amount of Rs.7,05,000/- + Rs.1,40,000/- as Security Deposit totally Rs. 8,45,000/- with regard to the fishing right auction in Alathur Kanmoi in Madurai North Taluk.
For Petitioner :Mr.R.Suriyanarayanan
For Respondents :Mr.D.Gandhiraj 1 to 3 Special Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to dispose of the Petitioner's representation, dated 25.11.2022 relates to the extention of time to pay the balance bid amount of Rs.7,05,000/- + Rs.1,40,000/- as Security Deposit totally Rs.8,45,000/- with regard to the fishing right auction in Alathur Kanmoi in Madurai North Taluk.
2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The Petitioner is a resident of Alathur, Thirumalpuram Village, Madurai North Taluk, Madurai District and there is an irrigation tank measuring an extent of 48 acres.The second respondent had issued tender notification on 6.10.2022 inviting the public for granting fishing rights in the ponds of Madurai District for three years from the year 2022 to 2025.The Petitioner applied for tender in a sealed cover with EMD and 50% upset price as prescribed and totally 9 persons submitted their sealed tenders before the second respondent. As per the tender conditions, the Petitioner has paid 50% of the auction amount Rs. 7,05,000/- together with Rs.98,700/- and totally paid a sum of Rs.
8,03,700/- immediately before the second respondent and agreed to deposit the remaining amount of Rs.7,05,000/- in ten days. The Petitioner is also ready to deposit another Rs.1,40,000/- towards security deposit, totalling to Rs.8,45,000/- and the Petitioner needs time for payment of the said amount and in this regard, the Petitioner has submitted a representation on 25.11.2022 for paying the balance amount.Since the same was not considered till date, the Petitioner has filed this Writ Petition for the relief stated supra.
4.When the matter is taken up for hearing, the learned counsel appearing for the Petitioner submitted that he may be permitted to deposit the above said amount as mentioned supra, in instalments. 5.In view of the above submission, this Court directs the Petitioner to pay a sum of Rs.4,25,000/- within a period of four weeks and another sum of Rs.4,20,000/- within a period of another four weeks from the date of receipt of a copy of this order, towards the balance bid amount and security deposit with regard to the fishing right auction in Alathur Kanmoi in Madurai North Taluk, Madurai, failing which, the fishing right granted to the Petitioner shall stand automatically cancelled, without further information to the petitioner.
6.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 30.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Madurai District, Madurai.
2.The Assistant Director, Fishery and Fisherman Welfare Department, Madurai, Madurai District.
3.The Executive Engineer, P.W.D.Department, Melur, Madurai District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27030 of 2022 and W.M.P(MD)No.21198 of 2022 30.11.2022