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Madras High Court

Vilambar Inland Fisher Women ... vs The State Of Tamil Nadu on 3 August, 2021

Author: R.Mahadevan

Bench: R.Mahadevan

                                                                               W.P.No.29126 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 03.08.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE R.MAHADEVAN

                                               W.P.No.29126 of 2019
                                         and WMP.Nos.28908 & 28912 of 2019

                     Vilambar Inland Fisher women Co-operative Society,
                     Represented by its President,
                     J.lashmi, W/o.Jayaraman,
                     No.299/1B, South Street,
                     Vilambar Village & Post
                     Kallakurichi Taluk, Villupuram District.                  ... Petitioner

                                                           Vs

                     1. The State of Tamil Nadu,
                        Rep.by its Secretary to Government of Tamil Nadu,
                        Animal Husbandry, Dairying and Fisheries Department,
                        Fort St.George, Chennai - 600 009.

                     2. The Commissioner,
                        Office of the Fisheries Department,
                        DMS Campus, Teynabpettai,
                        Chennai - 600 018.

                     3. The District Collector,
                        Villupuram, Villupuram District.

                     4. The Assistant Director of Fisheries,
                        No.10, Nithiyanatha Nagar,
                        Vzhuthareddy, Villupuram, Villupuram District.

                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                           W.P.No.29126 of 2019


                     5. The Assistant Executive Engineer,
                        Water Resource Organisation/Public Works Department,
                        Kallakurichi, Villupuram District.

                                                                                         ... Respondents

                                   Petition filed under Article 226 of the Constitution of India to issue a
                     Writ of Certiorarified Mandamus to call for the records pertaining to the
                     impugned order in Na.Ka.No.49/AA/2019 dated 09.09.2019 passed by the
                     fourth respondent and quash the same as illegal and consequentially direct
                     the fourth respondent to adjust the first year lease amount (2018-2019)
                     towards the lease amount payable for the second year lease amount (2019-
                     2020) as result of the drought situation and grant an extension of further
                     period of one year of the lease agreement dated 12.10.2018 based on the
                     guideline issued in G.O.(Ms).No.201, Animal Husbandry, Dairying and
                     Fisheries (FS-6) Department, dated 19.10.2017 within a reasonable time to
                     be fixed by this Hon'ble Court.


                                        For Petitioner             : Mr.P.Rajavel
                                        For Respondents            : Mr.Stalin Abhimanyu,
                                                                    Government Counsel


                                                            ORDER

The prayer made in this writ petition is to issue a writ of Certiorarified Mandamus to call for the records pertaining to the order in 2/6 https://www.mhc.tn.gov.in/judis/ W.P.No.29126 of 2019 Na.Ka.No.49/AA/2019 dated 09.09.2019 passed by the fourth respondent, quash the same and consequently, direct the fourth respondent to adjust the first year lease amount (2018-2019) towards the lease amount payable for the second year lease amount (2019-2020) as a result of the drought situation and grant extension of lease for further period of one year based on the guidelines issued in G.O.(Ms).No.201, Animal Husbandry, Dairying and Fisheries (FS-6) Department, dated 19.10.2017 within a reasonable time to be fixed by this court.

2.However, today when the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that due to efflux of time, the petitioner may be granted liberty to approach the authority concerned with a fresh representation for the relief claimed in this writ petition.

3.The learned Government counsel appearing for the respondents has no serious objection for granting such relief to the petitioner.

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https://www.mhc.tn.gov.in/judis/ W.P.No.29126 of 2019

4.In view of the limited relief now sought by the learned counsel for the petitioner, which has not been seriously opposed on the side of the respondents, this writ petition stands disposed of, granting such liberty to the petitioner. It is needless to state that if any such representation is made by the petitioner, the authority concerned shall consider the same and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.


                                                                                         03.08.2021

                     Index           : yes/no
                     Internet        : yes/no
                     mrr

                     To

1. The Secretary to Government of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Office of the Fisheries Department, DMS Campus, Teynabpettai, Chennai - 600 018.

4/6

https://www.mhc.tn.gov.in/judis/ W.P.No.29126 of 2019

3. The District Collector, Villupuram, Villupuram District.

4. The Assistant Director of Fisheries, No.10, Nithiyanatha Nagar, Vzhuthareddy, Villupuram, Villupuram District.

5. The Assistant Executive Engineer, Water Resource Organisation/Public Works Department, Kallakurichi, Villupuram District.

5/6

https://www.mhc.tn.gov.in/judis/ W.P.No.29126 of 2019 R.MAHADEVAN, J.

mrr/av W.P.No.29126 of 2019 and WMP.Nos.28908 & 28912 of 2019 03.08.2021 6/6 https://www.mhc.tn.gov.in/judis/