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Mahalingam v/s The Additional Chief Secretary to Government, Public Works Department, Chennai & Others

    W.P(MD) No. 22686 of 2021 & W.M.P(MD) No. 19165 of 2021

    Decided On, 22 December 2021

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA & THE HONOURABLE MR. JUSTICE P. VELMURUGAN

    For the Petitioner: T. Lenin Kumar, Advocate. For the Respondents: S.R.A. Ramachandran, Addl.Govt.Pleader.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1,2 and 5 to conduct public auction to lease out fisheries right in respect of the Public Works Department Tanks situated at Pudukkottai District in view of G.O.Ms.No.16, Public Works (W2) Department, dated 14.01.2021 by considering the Petitioner's representation, dated 16.11.2021.)

Pushpa Sathynarayana, J.

1. This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1,2 and 5 to conduct public auction to lease out fisheries right in respect of the Public Works Department Tanks situated at Pudukkottai District in view of G.O.Ms.No.16, Public Works (W2) Department, dated 14.01.2021 by considering the Petitioner's representation, dated 16.11.2021.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. It is also stated that in view of the recent rains, more than 5000 tanks in Pudukkottai District filled with water. The learned counsel for the Petitioner is seeking auction of the fishing rights for the tanks which was managed by the Public Works Department.

4. The learned Additional Government Pleader appearing for the respondents invited the attention of this Court to G.O. Ms.No.16, Public Works (W2) Department, dated 14.01.2021, where, recommendations are made by the Chief Engineer(Operation and Maintenance), which are as follows:


5. As per the above Government Order, those water bodies are in the control of the Public Works Department, in which, separate directions are given like strengthening the bunds etc and for that purpose, it can be given for fishing rights. However, the primary concern is only for irrigation for the agricultural activities and only when the water level goes down, fishing activities can be taken up. When the water tanks are filled up with water, unless the water level is drained out, fishing activitities may not be possible.

6. In the light of the above reasons, the respondents 1 and 2 are directed to consider the representation of the Petitioner, dated 16.11.2021 and pass appropriate orders, without causing any detriment to the irrigatio

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n rights of the agriculturists, within a period of eight weeks from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
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