Petitioner sought quashing of an order and lease extension due to drought. Due to efflux of time, court disposed of petition granting liberty for fresh representation without adjudicating merits.
Liberty granted to petitioner to approach authority concerned with a fresh representation for lease adjustment and extension.
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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.
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 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.
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.
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.
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.
+1CC to Mr.P.Rajavel, Advocate, SR.No. 37556
W.P.No.29126 of 2019
and WMP.Nos.28908 & 28912 of 2019
PM(CO)
B.VC (24/09/2021)
Vilambar Inland Fisher women Co-operative Society Represented by its President J.lashmi W/o.Jayaraman
The State of Tamil Nadu
The Commissioner Office of the Fisheries Department
The District Collector Villupuram
The Assistant Director of Fisheries
The Assistant Executive Engineer Water Resource Organisation/Public Works Department
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court