1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA and THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No.1992 of 2011 & M.P (MD) No.1 of 2011 C. Mahalingam ... Petitioner vs. 1 The State of Tamil Nadu, represented by its Secretary, Public Works Department, Secretariat, Chennai 600 009. 2 The District Collector, Pudukkottai District, Pudukkottai. 3 The Tahsildar, Aranthangi Taluk, Pudukkottai District. 4 The Assistant Engineer, PWD/WRO, Irrigation Section, Aranthangi 614 616, Pudukkottai District. 5 Subramani ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to conduct open auction for granting lease of fisheries right (Meen Pasi) in Kudikkadu Lake, situated at S.No.62, Kudikkadu Village, Aranthangi Taluk, Pudukkottai District in accordance with law and to take action against the fifth respondent for his illegal fisheries. For petitioner Mr. T. Lenin Kumar For RR 1- 4 Mr. K. Mahendran Special Govt. Pleader For R5 Ms. V. Sundari ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed for the issuance of a writ of mandamus directing the respondents 1 to 4 to conduct open auction for granting lease of fisheries right in Kudikkadu Lake situate at S.No.62, Kudikkadu Village, Aranthangi Taluk, Pudukkottai District in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The case of the petitioner is that the above said lake is located in Kudikkadu Village; the depth of the said lake is nearly 6 feet and it is an important water source for the people of the said village. The further case of the petitioner is that the fishing right is exercised by the fifth respondent and the official respondents, without conducting auction, are permitting the fifth respondent to have fishing right in the concerned lake; in spite of representations, no orders have been passed; consequently, this writ petition is filed. 3. The fifth respondent has filed counter affidavit and there is no specific averment in the said counter affidavit denying the allegation that the fifth respondent is exercising fishing right in the concerned lake. Though the official respondents have filed counter affidavit, even there also, the stand taken by them is that from 2007-2010, no fishing right has been given to anybody else. But, as per page no.7 of the documents enclosed in the typed set of papers which is the proceedings of the Tahsildar dated July 2010, proposals were submitted with regard to auction of the fishing right and after getting information, appropriate steps will be taken and as per the information furnished under the Right to Information Act dated August 2010 also, no such fishing right is exercised by anybody. Denying that, the village panchayat has given a representation again. But, according to the learned counsel for the petitioner, in spite of that, till date, the same is exercised by the fifth respondent herein. 4. In the counter affidavit filed by the official respondents and also the fifth respondent, there is no specific averment denying exercising of fishing right in the Kudikkadu village by the fifth respondent which in our opinion, will only lead to inference that such a right is exercised by the fifth respondent which is contrary to the rules and regulations formed by the Government in this regard. When the lake in question is a public lake, certainly, only by way of auction, fishing right can be given to an individual or an institution also. 5. Consequently, the District Collector, viz., the second respondent herein is directed to look into this issue and to pass orders after conducting enquiry and after providing opportunity to all the parties concerned, within a period of two months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1 The Secretary, Public Works Department, Secretariat, Chennai 600 009. https://hcservices.ecourts.gov.in/hcservices/ 3 2 The District Collector, Pudukkottai District, Pudukkottai. 3 The Tahsildar, Aranthangi Taluk, Pudukkottai District. 4 The Assistant Engineer, PWD/WRO, Irrigation Section, Aranthangi 614 616, Pudukkottai District. + 1 cc to The Special Government Pleader, SR No.19223 + 1 cc to M/s.V.Sundari, Advocate, SR No.19353 W.P. (MD) No.1992 of 2011 & M.P (MD) No.1 of 2011 20.06.2011 cad RJ/6.7.11 3p/7c https://hcservices.ecourts.gov.in/hcservices/