Madras High CourtWP(MD)/27257/2019disposed of

P.Pandiyaraj v. The Executive Engineer

2020-03-03Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition (MD).No.27257 of 2019 P.Pandiyaraj ... Petitioner Vs.

1. The Executive Engineer, Public Works Department, Water Resources Department, Rajapalayam, Virudhunagar District.

2. The Assistant Executive Engineer, Public Works Department, Water Resources Department, Srivilliputhur, Virudhunagar District.

3. The Junior Engineer, Public Works Department, Water Resources Department, Srivilliputhur, Virudhunagar District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to extend the benefits/concessions given to the bidder of fish farming in Na.Ka.No.nfh/6/2019/c/br/bgh/(,uhi$), Dated 13.02.2019 to the petitioner also, being the accepted bidder of Farm Fishing for Vagaikulam Tank of Vagaikulam Revenue Village, Srivilliputhur Taluk in Na.Ka.Letter No.nfh/6/2018/c/bgh/1(_tp), on the file of third respondent and extent bid period till 30.06.2021 to him. For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

The petitioner P.Pandiyaraj, a resident of K.Pudur, Kunnur Post, Srivilliputhur Taluk, Virudhunagar District, has come before

this Court by filing this writ petition in the nature of a Mandamus seeking a direction to extend the benefits/concessions given to the bidder of fish farming in Na.Ka.No.nfh/6/2019/c/br/bgh/(,uhi$), dated 13.02.2019 to the petitioner also, being the accepted bidder of Farm Fishing for Vagaikulam Tank of Vagaikulam Revenue Village, Srivilliputhur Taluk.

2. The petitioner, in his affidavit, has stated that he had been granted fish farming of Vagaikulam Tank, having participated in a tender on 28.12.2018. He had complied with the necessary conditions including payment of a sum of Rs.1,29,870/-, being the highest amount bid for fishing rights. It is stated that the respondents have directed him to vacate the Vagaikulam Tank, since the period of auction is over. He had given a representation on 28.11.2019.

3. The learned counsel for the petitioner states that the third respondent should pass orders on the representation of the petitioner.

4. The learned Special Government Pleader, who had taken notice on behalf of the respondents, submitted that the respondents are in the process of issuing fresh tenders and had stated that this is the appropriate time in which the tender should be floated, opened and awarded, since the Vagaikulam Tank is full of water and fishery rights will have to be necessarily auctioned.

5. In view of the above fact, the third respondent may pass orders on the representation, dated 28.11.2019, given by the petitioner on or before 06.03.2020. The respondents may thereafter, proceed with the process of auctioning the fishing rights in the manner known to law. A copy of the order passed by the respondents may be served on the petitioner.

6. This order is passed in the presence of the learned counsel for the petitioner. Therefore, the learned counsel for the petitioner may also instruct the petitioner to be personally present in the office of the third respondent viz., the Junior Engineer, Public Works Department, Water Resources Department, Srivilliputhur, Virdhunagar District, on 05.03.2020 between 11.00 a.m. and 12.00 noon and the respondents may enquire into the grievance of the petitioner and pass orders on 06.03.2020.

7. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS)

1. The Executive Engineer, Public Works Department, Water Resources Department, Rajapalayam, Virudhunagar District.

2. The Assistant Executive Engineer, Public Works Department, Water Resources Department, Srivilliputhur, Virudhunagar District.

3. The Junior Engineer, Public Works Department, Water Resources Department, Srivilliputhur, Virudhunagar District.

Writ Petition (MD).No.27257 of 2019 03.03.2020 akv SDS (03.03.2020) 3P-4C