1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) Nos.12654, 12655 and 12742 of 2011 and M.P.(MD)Nos.2, 2, 3 and 3 of 2011 W.P.(MD)Nos.12654 & 12655 of 2011 Mrs.G.Seetha .. Petitioner in W.P(MD) Nos.12654 & 12655 of 2011 vs. 1.The Assistant Director, Department of Fisheries, Madurai. 2.The Assistant Engineer (Water Resource), Public Works Department, Periyar Main Channel Section, Chittampatti, Madurai. 3.The Assistant Executive Engineer, Public Works Department, Periyar Main Channel Sub-Division-I, Madurai. 4.The Executive Engineer, Public Works Department, Periyar Main Channel Division, Melur. 5.V.Anand .. Respondent in W.P(MD) Nos.12654 & 12655 of 2011 (R5 impleaded as party respondent as per the order of the Court dt.21.11.2011 in M.P.(MD)No.4 of 2011 in W.P(MD)Nos.12654 & 12655 of 2011) W.P.(MD)No.12742 of 2011 Ravichandran .. Petitioner vs. The Assistant Engineer, Public Works Department, (Water Source), Chittampatti, Madurai District. .. Respondent Writ Petition (MD)No.12654 of 2011 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned Tender Notification dated 27.10.2011 called for by the 2nd respondent and to quash the same in https://hcservices.ecourts.gov.in/hcservices/ 2 respect of fresh notification of "Padathalakurichi" Channel and consequently forbear the 2nd respondent from conducting any fresh Tender in respect of "Padathalakurichi" Channel as per the Notification dated 27.10.2011. Writ Petition (MD)No.12655 of 2011 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned Tender Notification dated 27.10.2011 called for by the 2nd respondent and to quash the same in respect of fresh notification of "Kilavikulam" Channel and consequently forbear the 2nd respondent from conducting any fresh Tender in respect of "Kilavikulam" Channel as per the Notification dated 27.10.2011. Writ Petition (MD)No.12742 of 2011 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to Letter No.Meen Elam/2011 dated 27.10.2011 passed by the respondent and quash the same and consequently further direct the respondent to confirm the Notification dated 20.9.2008. For Petitioner in W.P(MD) Nos.12654 & 12655 of 2011 : Mr.Babu Rajendran WP.12742/11 : Mr.S.Kanagarajan For respondents 1 to 4 : Mr.K.P.Krishnadoss, the Writ Petitions Government Advocate For 5th respondent : Mr.N.Dilip Kumar the Writ Petitions 12654 & 12655/11 COMMON ORDER The petitioners in these three Writ Petitions have challenged the auction notification issued by the Assistant Engineer (Water Resource), Public Works Department, Periyar Main Channel Section, Chittampatti, Madurai for the grant of fishing rights in respect of three tanks by name, Padathalakurichi, Kilavikulam and Elangiyenthal. 2. Heard Mr. Babu Rajendran and Mr.S.Kanagarajan, learned counsel appearing for the petitioners as well as Mr.K.P.Krishandoss, learned Government Advocate appearing for the official respondents and Mr.N.Dilip Kumar, learned counsel appearing for the fifth respondent who got impleaded in the first two Writ Petitions. 3. The main grievance of the petitioners in these three Writ Petitions is that they bagged the fishing rights of the aforesaid tanks by participating in a Tender floated on 10.9.2008. The Tender Notification dated 10.9.2008 stipulated that the period of licence was to be from 1.10.2008 to 31.3.2013. Though the period of licence granted to the petitioners is still subsisting, the official respondents issued fresh Tender Notification dated 27.10.2011. Fresh Notification was in respect of several tanks. But, we are concerned only about 3 tanks, for which, writ petitioners herein had bagged licences in the year 2008. https://hcservices.ecourts.gov.in/hcservices/ 3 4. After notice was ordered in the Writ Petitions and after interim order was passed, the Executive Engineer has issued a Letter bearing No.1140/T2/2011 dated 28.11.2011. As per the letter, he has fixed the minimum lease amount per year as Rs.7,700/- for Padathalakurichi Tank, Rs.5,500/- for Kilavikulam Tank and Rs.6,00/- for Elangiyenthal Tank. 5. A. Marichamy, Assistant Engineer (Water Resource), Public Works Department is present in Court. Under his instructions, the learned Government Advocate has submitted that the respondents have decided to permit the petitioners to continue to enjoy the licence till the expiry of the original period of grant in respect of these three tanks at the respective enhanced rates, namely, Rs.7,700/-, Rs. 5,500/- and Rs.6,800/- per year. 6. In view of the said statement, the Writ Petitions are to be disposed of recording the said statement. 7. However, Mr. N.Dilip Kumar, learned counsel appearing for the impleaded party submitted that his client was willing to offer even Rs.1,00,000/- per year. 8. But, today, in view of the stand taken by the respondents, I cannot go into the question whether the fishing rights should be put to auction once more or not. Therefore, the Writ Petitions are disposed of recording the statement of the respondents that they have decided to continue the licence of the petitioners in respect of the aforesaid tanks till the expiry of the original licences subject to the same terms and conditions. Consequently, the connected Miscellaneous Petitions are closed. No order as to costs. However, the respondents shall furnish a copy of the decision taken by them to the newly impleaded party, namely, the fifth respondent within a period of one week from the date of receipt of a copy of this order to enable him to work out his remedy in accordance with law. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Assistant Director, Department of Fisheries, Madurai. 2.The Assistant Engineer (Water Resource), Public Works Department, Periyar Main Channel Section, Chittampatti, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 4 3.The Assistant Executive Engineer, Public Works Department, Periyar Main Channel Sub-Division-I, Madurai. 4.The Executive Engineer, Public Works Department, Periyar Main Channel Division, Melur. 5. The Assistant Engineer, Public Works Department, (Water Source), Chittampatti, Madurai District. +2ccs to Special Government Pleader, SR.No.43225 & 43231 +1cc to Mr.BabuRajendran, Advocate, SR.No.43084 +1cc to mr.Dilipkumar, Advocate, Sr.No.43089 asvm GH : 16.12.2011 : 4p/10c W.P.(MD) Nos.12654, 12655 and 12742 of 2011 and M.P.(MD)Nos.2, 2, 3 and 3 of 2011 09.12.2011 https://hcservices.ecourts.gov.in/hcservices/