1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.14261 of 2011 and M.P(MD)Nos.1 and 2 of 2011 M.Manoharan ... Petitioner Versus 1. The Inspector of Panchayats/ District Collector, Theni District. 2. The Assistant Director, Fisheries Department (Inland), Vaigai Dam, Theni District. ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned tender notification of the second respondent in Na.Ka.No.917/B/2011 dated Nil in so far as proposing to conduct auction for grant of fishing right in Vettuvan Kanmoi, Jeyamangalam on 14.12.2011 and Periya Kanmoi, Kullapuram, Thamaraikulam Kanmoi, Thamaraikulam Village on 15.12.2011 and quash the same and consequently direct the second respondent herein to issue fresh tender notification permitting all the intending tenderers conduct fresh auction by making wide publicity in the newspapers in accordance with law. For Petitioner : Mr.K.Appadurai For Respondents: Mr.K.P.Krishnadoss, Government Advocate O R D E R The petitioner has come with the above Writ petition, challenging the tender notification issued by the second respondent for the grant of fishing rights in a few Kanmois. 2. Heard Mr.K.Appadurai, learned Counsel for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate for the respondents. 3. The petitioner participated in the public auction conducted on 29.08.2011 and 30.08.2011 for Periya Kanmoi and Thamaraikulam Kanmoi. Unfortunately, the tenders were not opened on that date. However subsequently the Kanmois were again sought to be put to auction on 14.12.2011 and 15.12.2011. Challenging the attempt made by the second respondent to put the very same Kanmois to a second auction, the petitioner came up with the above Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. On 16.12.2011, I directed the learned Government Advocate to take notice and get instructions. Today, it is submitted that the auction slated to take place on 15.12.2011 for Thamaraikulam Kanmoi and Sirukulam Kanmoi have been postponed. Therefore, there is chance for the petitioner to participate. 5. The petitioner originally projected a grievance that the second respondent is not competent. However, the second respondent has claimed that these tanks were developed under a Special Scheme, known as, “Incentive Fish Culture and Marketing Scheme”. Therefore, it is always open to the petitioner to participate. 6. In view of the above, the Writ Petition is disposed of directing the respondents to resort to the procedure prescribed by law whenever remaining tanks are put to auction and the petitioner shall participate in those auctions. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The Inspector of Panchayats/ District Collector, Theni District. 2. The Assistant Director, Fisheries Department (Inland), Vaigai Dam, Theni District. W.P(MD)No.14261 of 2011 19.12.2011 ps SMA/20.12.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/