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Madras High CourtWP(MD)/29234/2022disposed of

Muthupandi.D v. The District Collector

2026-01-27Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.29234 of 2022 and W.M.P(MD)Nos.23187 & 23188 of 2022 D.Muthupandi

...Petitioner

Vs

1. The District Collector, Office of the District Collector, Theni District.

2. The Commissioner of Fisheries and Fisherman Welfare, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.

3. The Deputy Director of Fisheries and Fisherman Welfare, (Inland Fisheries) Bye Pass Road, Madurai District.

4. The Assistant Director of Fisheries-Vaigaidam, O/o. Assistant Director of Fisheries Vaigaidam, Theni District - 625 562.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Tender notification dated 19.12.2022 on the file of the 4th 1/5

Respondent and quash the same as illegal arbitrary, violation of principles of law and further forbear the Respondents from removing the Petitioner from the Thamaraikulam Kanmoi (to an extent of 45 hectares) situated in S.No.525/1A, Periyakulam Taluk, Theni District.

For Petitioner : M/s.R.Maheswaran For Respondents : M/s.B.Saravanan Additional Government Pleader

ORDER

The present writ petition has been filed seeking to quash the tender notification issued by the 4th respondent on 19.12.2022 to lease out the fishery rights in Tamaraikulam Kanmai having an extent of 45 hectares.

2. A perusal of the affidavit reveals that the petitioner was the existing leaseholder which was about to expire on 06.01.2023.

3. The learned Counsel appearing for the petitioner submits that before the expiry of the lease period, the tender notification ought not have been issued on 19.12.2022. It is further contended that the petitioner has approached the Civil Court and filed O.S.No.207 of 2022 before the District Court, Theni seeking compensation for the loss sustained by him due to the contamination of the kanmani by pollution caused by the sewage water. 2/5

4. In view of the above said facts, the petitioner seeks to quash the tender notification.

5. The above said grounds raised by the writ petitioner are not sustainable for quashing the tender notification for leasing out the fishery rights. In case if the petitioner has got any case seeking compensation, it is for him to work out his remedy in the civil suit.

6. With the above observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 27.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The District Collector, Office of the District Collector, Theni District.

2. The Commissioner of Fisheries and Fisherman Welfare, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.

3. The Deputy Director of Fisheries and Fisherman Welfare, (Inland Fisheries) Bye Pass Road, Madurai District.

4. The Assistant Director of Fisheries-Vaigaidam, O/o. Assistant Director of Fisheries Vaigaidam, Theni District - 625 562.

4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.29234 of 2022 27.01.2026 5/5