In a writ petition, the petitioner sought a direction to extend an expired fishing license of five years until June 30, 2017. The Court held that extending an expired license without a fresh auction violates procedure.
Relief prayed for to extend the expired fishing license was dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.14218 of 2017
A.Kumar .. Petitioner
Vs. 1. The District Collector, Erode District, Erode. 2. The Commissioner, Ammapettai Panchayat Union, Ammapettai, Bhavani Taluk, Erode District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 15.05.2017 so as to extend the license period for further period of five years to carry on fishing activities in the Seelampatti Lake, Ammapettai Panchayat Union, Bhavani Taluk,Erode District within the time frame to be fixed by this Court.
For Petitioner : Mr.C.Munusamy For Respondents : Mr.O.Selvam, GP for R1 Mr.C.C.Rangarajan, G.A. (for R2)
ORDER
The petitioner has come forward with this Petition praying for issuance of a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 15.05.2017 so as to extend the license period for further period of five years to carry on fishing activities in the Seelampatti Lake, Ammapettai Panchayat Union, Bhavani Taluk,Erode District, within the time frame fixed by this Court.
beyond 30.06.2017, the period granted will not be extended. The petitioner made a representation on 15.05.2017, just before the expiry of the lease period, stating that he could not carry on his fishing activities due to scarcity of water and dry situation in the entire Erode, District and hence, license period may be extended and he is willing to pay the charge for the same. He further submitted that new license may be given and he may be permitted to continue his fishing activities and that the respondents may consider his representation and extend the period.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
pvs
To:
1. The District Collector,
Erode District,
Erode.
2. The Commissioner,
Ammapettai Panchayat Union,
Ammapettai, Bhavani Taluk,
Erode District.
+ 1 cc to Mr.C.Munusamy, Advocate,SR.71390
+ 1 cc to The Govt.Pleader, SR.72692
W.P.No.14218 of 2017
VGI(CO)
NR 10/11/2017
2 issues framed by the court
Whether this Court can direct respondents to extend the expired fishing license without a fresh auction.
Whether the principle of fairness requires a fresh auction before extending an expired license.
A. Kumar
The District Collector, Erode District
The Commissioner, Ammapettai Panchayat Union
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
