The High Court dismissed a writ petition challenging proceedings regarding fishing rights assignment. The Court held the petition infructuous as the lease period had expired, allowing parties to participate in future tenders instead.
The writ petition was dismissed; connected miscellaneous petitions were closed.
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.4367 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.4637 of 2021 and WMP.Nos.4964 of 2021 & 19321 of 2022
S.Mallika ...Petitioner
Vs.
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7.The President, Thottiyapatti Village Panchayat, Vennanthur Union, Rasipuram Taluk, Namakkal District
W.P.No.4367 of 2021
8.Periyasamy ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue a Writ of Certiorarified Mandamus call for the records pertaining to the proceedings of the 3rd respondent in Na.Ka. 16515 / 2020/ 02 dated 13.10.2020 and the consequential order of the 6th respondent vide his proceedings in Letter No. / Ko15 / 2021/ EVA dated 27.01.2021 and quash the same as illegal, incompetent and ultravires and consequently direct the 3rd respondent to assign the fishing rights in Semur lake Akkaraipatti Village Vennanthur Union, Rasipuram Taluk, Namakkal District to Akkaraipatti Village Panchayat.
For Petitioner : Mr.R.Jayaprakash
For Respondents For R1 to 6 : Mr.P.Muthukumar, Additional Advocate General Assisted by Mr.T.Venkatesh Kumar, Special Government Pleader For R7 : Mr.S.Senthil
ORDER
This writ petition has been filed challenging the proceedings
of the 3rd respondent in Na.Ka. 16515 / 2020/ 02 dated 13.10.2020 and
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W.P.No.4367 of 2021
the consequential order of the 6th respondent vide his proceedings in Letter No. / Ko15 / 2021/ EVA dated 27.01.2021.
12.06.2024
Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok
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W.P.No.4367 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To
W.P.No.4367 of 2021
12.06.2024
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2 issues framed by the court
Whether the writ petition for quashing the fishing rights assignment proceedings is maintainable given the expiration of the lease period.
Whether the prayer for assignment of fishing rights to a specific village panchayat should be granted after the lease expiry.
S.Mallika
The Principal Secretary to Government, State of Tamilnadu, Department of Rural Development and Panchayat Raj
The Commissioner of Fisheries
The District Collector, Namakkal District
The Assistant Director of Fisheries, Mettur Dam, Salem District
The Executive Engineer, Public Works Department, W.R.O., Sarabanga Division, Namakkal District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
