1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.06.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(PD)(MD)No.935 of 2011 & M.P(MD)NOS.2&3 of 2011 Virupachi Panchayat, Oddanchatram Taluk, Dindigul District, Rep.by its President ..Petitioner/Third Party -Vs- 1.E.Rajagopal ... 1st Respondent/Plaintiff 2.The Director of Fisheries, No.12-A, Penzer Compound, Nagal Nagar Post, Dindigul City, Dindigul District. 3.The Block Development Officer, Oddanchatram Town Panchayat Union, Dindigul District. ..Respondents/Defendants 1 &2 PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike of the plaint in O.S.No.10 of 2011 on the file of the learned sub-Judge, Palani. For Petitioner :Mr.A.K.Baskarapandiyan For Respondents:Mr.K.P.Krishandoss Govt.Advocate for R2 & R3 For Respondent No.1 : No Appearance ORDER The Village Panchayat is before this Court after getting leave of this Court to challenge the plaint filed in O.S.No.10 of 2011. 2.The first respondent filed a suit for permanent injunction and for mandatory injunction. The first respondent filed the suit contending that his son Rajavelu through public auction got fishing right in the lake for a period from 2005 to 2010. Meanwhile, he passed away. Since there was a loss due to lack of rain for three years, the plaintiff/first respondent filed the above suit as his son sustained heavy loss for three years and to renew the license/lease for further period of three years. The trial Court granted interim injunction. Challenging the suit itself, the Panchayat is before this Court. 3.Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the Respondents 2 and 3. Even though the first respondent was served, neither appeared in person nor through his Advocate. https://hcservices.ecourts.gov.in/hcservices/ 2 4.It is submitted in paragraph '4' of the plaint itself that the fishing right is for the period of five years from 01.01.2006 to 30.12.2010 and the period is over. Though the first respondent, in paragraph '6', submitted that his son sustained heavy loss due to lack of rain for three years, there is no provision for renewal of licence as the licence/lease itself for five years period. 5.In view of that, there cannot be any extension of lease/licence of fishing rights over and above the auctioned period. There is no cause of action for the suit and therefore, the plaint itself is struck off. Accordingly, the Civil Revision Petition is allowed striking of the plaint. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Deputy Registrar /True Copy/ Assistant Registrar To The learned sub-Judge, Palani. Gsr GH : 05.07.2011 : 2p/2c C.R.P(PD)(MD)No.935 of 2011 22.06.2011 https://hcservices.ecourts.gov.in/hcservices/