1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2011 C O R A M THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.14809 of 2011 A.K.Kannan ... Petitioner Vs 1. The District Collector Madurai District, Madurai. 2. The Assistant Director Fisheries Department Inland Fisheries Pechiyamman Padithurai Madurai 625 001. 3. The Superintending Engineer Public Works Department Periyar-Vaigai Basin Tallakulam, Madurai. ... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the proceedings of the second respondent made in Na.Ka.No.1267/E/11-1 dated 25/11/2011 in so far as Serial No.5, Thenkal Kanmai and quash the same and consequently direct the second respondent to grant fisheries right of the Thenkal Kanmai to the Water Users Association. For Petitioner : Mr.M.Suresh Kumar For respondents: Mr.K.Mahendran, Spl.G.P O R D E R [Order of the Court was made by K.N.BASHA,J] The petitioner has come forward with this petition seeking to quash the proceedings of the second respondent made in Na.Ka.No.1267/E/11-1 dated 25/11/2011 in so far as Serial No.5, Thenkal Kanmai and consequently direct the second respondent to grant fisheries right of the Thenkal Kanmai to the Water Users Association. 2. By mutual consent of the learned counsel appearing for the petitioner and Mr.K.Mahendran, learned Special Government Pleader appearing for the respondents, the main writ petition itself is taken up for final hearing, at the admission stage itself. 3. The learned counsel for the petitioner would submit that the petitioner has come forward with this petition by way of a public interest litigation. https://hcservices.ecourts.gov.in/hcservices/ 2 4. It is submitted that the petitioner is an agriculturalist and an elected member of Ward No.1 of Territorial Constituency of Thiruparankundram Thenkal Kanmai Water Users Association which is a body recognised by the Government of Tamil Nadu in terms of the Tamil Nadu Farmers' Management of Irrigation Systems Act, 2000. 5. It is contended that Thenkal Kanmai at Thiruparankundram is one among the biggest Kanmai in Madurai District and situated at Madurai South Taluk and the above Kanmai agriculturalists belonging to Avaniyapuram Village and Thiruparankundram village are beneficiaries. 6. It is further submitted that there are about 332.32.0 Hectares (820 Acres) of agriculture lands are getting benefits. The total numbers of agriculturalist are approximately 700 in both the villages. 7. The learned counsel for the petitioner would submit that the second respondent under the impugned Notification is going to conduct auction for fishery right in respect of 23 tanks in Madurai District and one among them in Thenkal Kanmai at Thiruparankundram Village. 8. It is contended that the tender Notification, the date of auction is fixed as 23/12/2011 and the successful bidder is entitled to do fishery right for the period of three years from the date of handing over of possession of the tank. 9. It is contended that the second respondent in order to augment their revenue, conducting auction for fishing right in tanks. 10. It is submitted that Thenkal Kanmai is under the control of third respondent PWD Department. The beneficiaries of the water stored in the said tank are the farmers including the members of Thenkal Kanmai Water Users Association. In the event of conducting auction for fishing right, the farmers of the locality would be very much affected, as successful bidder would release the water from the tank, depriving the water for irrigation facilities for the agriculturalists. 11. Therefore, it is contended that representations were given by the petitioner dated 16/12/2011 and along with other villagers dated 19/12/2011 to the respondents through Registered Post with Acknowledgment Due and till date, no auction has been taken by the respondents and as such, the petitioner has been constrained to approach this Court by way of the present writ petition. 12. Heard the learned Special Government Pleader appearing for the respondents on the submissions made by the learned counsel for the petitioner. 13. At the outset, it is to be stated that the grievance of the petitioner is to the effect that in the event of conducting auction for fishing right of the Thenkal Kanmai to the Water Users Association particularly in respect of 23 tanks in Madurai District and one among them in Thenkal Kanmai at Thiruparankundram Village. The agriculturalists doing agriculture in and around that area would be deprived of their facilities of irrigation for their agricultural operations. https://hcservices.ecourts.gov.in/hcservices/ 3 14. It is pertinent to note that as per the submission of the learned counsel for the petitioner, an individual representation was given by the petitioner on 16/12/2011 and the petitioner along with other Villagers submitted a similar representation on 19/12/2011, but till date, no action was taken by the respondents herein. It is also pertinent to note that the auction was fixed as per the tender Notification dated 23/12/2011. 15. Considering the above facts and circumstances of the case, without going into the merits of the representation of the petitioner and the Villagers dated 16/12/2011 and 19/12/2011 and without expressing any view on such representations, this Court is constrained to direct the respondents herein to consider the representation of the petitioner and the Villagers dated 16/12/2011 and 19/12/2011 respectively, by affording opportunity to the petitioner and as well as to the relevant parties and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that till such time, the impugned auction notice dated 25/11/2011 shall be kept in abeyance. 16. The writ petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Madurai District, Madurai. 2. The Assistant Director Fisheries Department Inland Fisheries Pechiyamman Padithurai Madurai 625 001. 3. The Superintending Engineer Public Works Department Periyar-Vaigai Basin Tallakulam, Madurai. + 1 cc to Mr.M.Sureshkumar, Advocate, SR No.45609 W.P.(MD) N0.14809 of 2011 22/12/2011 mvs. RJ/23.12.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/