The Court directed the District Collector to consider the petitioner's representation for extending fishery lease rights in specified lakes and pass final orders within eight weeks, disposing of the writ petition.
Direction to pass final orders on representation for lease extension within eight 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.
W.P. No.10731 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.10731 of 2024
N.Gugan
Petitioner
vs.
.. Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to grant extension of lease of fisheries right in Kizhnathur Big Lake and Kumban Small lake situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai commencing from 2019-2020 to 2023-2024 by considering the petitioner's representation dated 04.03.2024.
For Petitioner : Ms.M.Rebecca
For Respondents : Mr.M.Shajahan, Special Government Pleader
1/4
W.P. No.10731 of 2024
ORDER
By consent of both the parties, this writ petition has been taken up
for final disposal at the admission stage itself.
2.Mr.Shajahan, learned Special Government Pleader accepts
notice on behalf of the respondents.
3.This writ petition has been filed for a mandamus seeking for a direction to the respondents herein to grant extension of lease of fisheries right in Kizhnathur Big Lake and Kumban Small lake, situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai commencing from 2019-2020 to 2023-2024 based on the petitioner's representation dated 04.03.2024.
4.The petitioner is having fishing rights in the aforementioned lakes. He has been granted lease by the respondent over the two lakes. The lease period has expired on 31.03.2024. According to the petitioner, due to Covid-19 as well as due to flash floods, he was unable to use the lakes for quite some time and make income out of it. Under those circumstances, he has given a representation on 04.03.2024 to the https://www.mhc.tn.gov.in/judis 2/4
W.P. No.10731 of 2024
respondents requesting for extension of lease for the unused period of lakes for fishing activities. Since the representation dated 04.03.2024 has not been considered till date, the petitioner has filed this writ petition.
5.No prejudice would be caused to the respondents if the representation of the petitioner dated 04.03.2024 is considered, on merits and in accordance with law, within a time frame to be fixed by this Court.
6.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 04.03.2024 requesting the respondents to grant extension of lease to fisheries right in Kizhnathur Big Lake and Kumban Small lake, situated at Endal Panchayat, Tiruvannamalai Taluk, Tiruvannamalai for the unused period of lakes by the petitioner on account of Covid-19 and flash floods, within a period of eight weeks from the date of receipt of a copy of this order.
ABDUL QUDDHOSE, J.
3/4
W.P. No.10731 of 2024
vga
7.With the aforesaid direction, this writ petition is disposed of.
No costs.
18.04.2024
Index: Yes/No vga
To
W.P. No.10731 of 2024
4/4
1 issue framed by the court
Whether the petitioner's representation for extension of fishery lease rights due to pandemic and floods should be considered and decided on merits.
1 provisions across 1 enactments
N.Gugan
The District Collector, Office of the District Collector, Tiruvannamalai District
The Commissioner, Tiruvannamalai Panchayat Union, Tiruvannamalai District
The Block Development Officer, The Block Development Office, Tiruvannamalai District
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
