Writ petition filed for extension of fishing lease due to loss from bad weather. Court directed acceptance of current year payment and consideration of petition for next year lease extension.
Directing the third respondent to accept payment for 2018-2019 and pass appropriate orders for lease extension for 2019-2020 within two weeks.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.(MD) No.20634 of 2018 and W.M.P.(MD) Nos.18393 & 18394 of 2018
P.Mokkai
... Petitioner
vs.
1.The Director of Fisheries
Tamil Nadu Fisher men Welfare Board
Chennai
2.The District Collector
Madurai District, Madurai
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st Respondent consider the representation of the petitioner dated 14-09-2018 and extend the lease to further period for 2019-2010 as per the G.O.Ms.No.332 (Animal husbandry and fisheries (FDS.IV) Department dated 17-11-93).
For Petitioner : Mr.K.P.S.Palanivelrajan For Respondents : Mr.A.Muthu Karuppan
Additional Government Pleader
O R D E R
The case of the petitioner is that he is the successful bidder in the auction conducted for fishing right in Samikulam situated at Kodikulam Village, Madurai West Taluk, Madurai District, which is under the control of the third respondent, for the period from 20162017 till 2018-2019, under the Scheme of Intensive Fish Culture and Marketing Scheme. Pursuant to being declared as highest bidder, an agreement was entered into between the petitioner and the third respondent vide document No.7450, dated 02.08.2016. According to the petitioner, as per G.O.Ms.No.332, Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993, the existing lease can also be extended upto five years on 10% increase of lease amount every year.
https://hcservices.ecourts.gov.in/hcservices/ 2. The third respondent, by proceedings dated 26.10.2016, had directed the petitioner to pay the lease amount of Rs.1,17,250/- and
2
the fishermen welfare fund of Rs.5,863/- along with insurance amount of Rs.12,000/- for the year 2016-2017. Likewise, further lease amount, including fishermen welfare fund etc., had been fixed by adding 10% increase on the original lease amount payable for the year 2017-2018. For the year 2018-2019, the lease amount was fixed at Rs.1,41,873/- and the fishermen welfare fund was fixed at Rs.7,094/- and the amounts are to be paid on or before 31.07.2018.
3
circumstances and also in view of G.O.Ms.332, Animal Husbandry and Fisheries (FS-IV) Department, dated 17.11.1993, the third respondent is directed to accept the payment offered by the petitioner vide demand draft bearing No.607561, dated 26.09.2018, a copy of which is filed in the typed set of papers and allow the petitioner to carry on his fishing right in the subject tank for this year i.e.20182019. As regards the following year i.e. 2019-2020 is concerned, the third respondent is directed to consider the petitioner's representation favourably in view of the fact that the petitioner was put to loss due to bad weather for the year 2016-2017.
Sd/Assistant Registrar(Records)
/True Copy/
Sub Assistant Registrar(CS-IV)
krk
To:
1.The Director of Fisheries, Tamil Nadu Fishermen Welfare Board, Chennai.
2.The District Collector, Madurai District, Madurai.
3.The Assistant Director of Fisheries, Madurai Zone, Fisheries Office, Petchiamman Padiputhurai, Madurai-01.
+1cc to Spl Government Pleader, SR No.88824
+1cc to Mr.K.P.S.Palanivelrajan, Advocate in SR No.88479
W.P.(MD) No.20634 of 2018 and W.M.P.(MD) Nos.18393 & 18394 of 2018
NM/SKN/SAR 4/05.10.18/3P/6C
2 issues framed by the court
Whether the petitioner should be permitted to carry on fishing rights for the year 2018-2019 despite non-payment pending loss due to bad weather.
Whether the third respondent is directed to consider the petitioner's representation favourably for extension of lease for 2019-2020.
2 provisions across 2 enactments
P. Mokkai
The Director of Fisheries
The District Collector
The Assistant Director of Fisheries
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
