Madras High CourtWP(MD)/20937/2013dismissed as infructuous

M. Esakkiraj, v. The Executive Engineer,

2016-09-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.20937 of 2013 & M.P.(MD).Nos.1 & 2 of 2013 M.Esakkiraj ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Electricity Board, Lower Camp, Pabanasam, Tirunelveli District.

2.The Deputy Director/Wild Animal Warden, Kalakadu Mundanthurai, Tiger Sanctuary, Ambasamuthiram, Tirunelveli District.

3.The Assistant Director, Department of Fishery (Internal) Tirunelveli, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified mandamus to call for the impugned order dated 05.11.2013 made in Na.Ka.No.Va/6460/2013 passed by the 2nd respondent and quash the same and consequently direct the respondents 1 and 2 to permit the petitioner to carry on his fishing operation for his livelihood in pursuance of the license bearing Sl.No.9/2013 to 2014 for the remaining period from 23.12.2013 to 31.03.2014 issued by the 3rd respondent by observing the terms and condition enumerated therein in the Papanasam Lower Dam, Papanasam Upper Dam, Servalar Dam and Karaiyar Upper Dam at Papanasam Tirunelveli District and pass appropriate orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.S.Palanivelayutham For Respondents 2&3 : Mr.R.Anandharaj Government Advocate For 1st Respondent : Mr.S.Dhayalan https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner challenges the order dated 05.11.2013, passed by the second respondent and also seeks a consequential direction, directing the respondents 1 and 2 to permit him to carry on his fishing operation in pursuance of the license bearing Sl.No.9/2013 to 2014 for the remaining period from 23.12.2013 to 31.03.2014.

2.On perusal of the prayer, this Court is of the view that the lease period sought for by the petitioner is already over. Hence, at this length of time, no direction could be issued. 3.Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected M.P.(MD).Nos.1 & 2 of 2013 are also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar vs To 1.The Executive Engineer, Tamil Nadu Electricity Board, Lower Camp, Pabanasam, Tirunelveli District.

2.The Deputy Director/Wild Animal Warden, Kalakadu Mundanthurai, Tiger Sanctuary, Ambasamuthiram, Tirunelveli District.

3.The Assistant Director, Department of Fishery (Internal) Tirunelveli, Tirunelveli District.

+1cc to Spl.Government Pleader Sr.No. 56078 JAM/20.10.16/EM-MPA 2p-5c W.P(MD)No.20937 of 2013& M.P.(MD).Nos.1 & 2 of 2013 26.09.2016 https://hcservices.ecourts.gov.in/hcservices/