Madras High Court
The Kukkalaru Annaikattu Vaikal vs The District Collector on 25 November, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 25.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.26639 of 2022
The Kukkalaru Annaikattu Vaikal,
E.Pudukkulam and Kaikilankulam Kanmai Neerinai Payanpaduthuvor
Sangam,
represented by its President,
M.Pitchai. ..Petitioner
Vs
1.The District Collector,
Theni District,
Theni.
2.The Executive Engineer,
Public Works Department,
Executive Engineer Office,
Manjalar, Basin Division,
Periyakulam,
Theni 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 respondents
to permit the Petitioner's sangam namely Kukalaru Annaikattu Vaikal,
E.Pudukkulam and Kaikilankulam Kanmai Neerinai Payanpaduthuvor
Sangam to have fishing rights in E.Pudukkulam and Kaikilankulam
Kanmai for the Fasli year 2022 based on the Executive Committee
Resolution dated 1.11.2022 and to consider the representation of the
petitioner's Sangam, dated 3.11.2022 in accordance with law, within the
time limit prescribed by this Court.
https://www.mhc.tn.gov.in/judis For Petitioner :Mr.M.Prabu
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For Respondents :Mr.A.Kannan
1 and 2 Addl.Govt.Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to permit the Petitioner's sangam namely Kukalaru Annaikattu Vaikal, E.Pudukkulam and Kaikilankulam Kanmai Neerinai Payanpaduthuvor Sangam to have fishing rights in E.Pudukkulam and Kaikilankulam Kanmai for the Fasli year 2022 based on the Executive Committee Resolution dated 1.11.2022 and to consider the representation of the petitioner's Sangam, dated 3.11.2022 in accordance with law, within the time limit prescribed by this Court.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The case of the Petitioner is that the Petitioner is the President of the above said Sangam.The Petitioner's village has used the above said Kanmai for irrigation.The said snagam had conducted its Executive Committee on 1.11.2022 to grant fishing rights to their sangam and also made a representation, dated 3.11.2022 in this regard for the fasli year 2022 to the respodnents quoting several Government orders. Since the same was not considered, the Petitioner has come forward with this Writ https://www.mhc.tn.gov.in/judis 3 Petition for the relief stated supra.
4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the second respondent department and other departments decide to give them in public auction as they need more money for maintaining the said tank and hence, priority cannot be given to the Petitioner Sangam as sought for in the present Writ Petition.
5.In view of the above said submission, the Petitioner Sangam is given liberty to participate in the public auction on the date fixed by the second respondent and if the Petitioner come out success in the auction, the respondents are directed to consider the representation of the petitioner, dated 3.11.2022 based the Executive Committee Resolution of the Petitioner Sangam, dated 1.11.2022 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above directions and liberty, the Writ Petition stands disposed of. No costs.
25.11.2022
https://www.mhc.tn.gov.in/judis
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Index : Yes/No
Internet:Yes/No
vsn
To
1.The District Collector,
Theni District,
Theni.
2.The Executive Engineer,
Public Works Department,
Executive Engineer Office,
Manjalar, Basin Division,
Periyakulam,
Theni District.
https://www.mhc.tn.gov.in/judis
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V.BHAVANI SUBBAROYAN,J
vsn
ORDER MADE IN
W.P(MD)No.26639 of 2022
25.11.2022
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