R VEDI Vs. COMMISSIONER TIRUVANNAMALI PANCHAYAT UNION

JUDGEMENT

(1.) The petitioner, who was a successful bidder for the leasehold fishing rights in Yendel Panchayat Tank at Tiruvannamalai Panchayat Union for the period 2001-2002 for a sum of Rs.34,200/= seeks a writ of mandamus for renewal of his fishing right in the said Panchayat Tank for a period of five years from 2001-2002, placing reliance on the G.O.Ms.No.332 Animal Husbandry & Fisheries (FS.IV) dated 17.11.1993.

(2.) Since auction was conducted during the pendency of the above writ petition, namely, W.P.No.12859 of 2002 one Nagasankar was declared as the highest bidder and the petitioner in W.P.No.12859 of 2002 filed another writ petition bearing W.P.No.18997 of 2002, challenging the auction confirmed in favour of Nagasankar, impleading him as the third respondent in W.P.No.18997 of 2002 for the issue of a writ of declaration, declaring that the proceedings of the respondents 1 & 2 in auctioning the right to catch fish in the Keelanathur Tank in Thiruvannamali Taluk on 26.04.2002 as evidenced by the letter of the 1st respondent in ref.No.R.C.726/2002, A2 dated 24.05.2002 is illegal and void.

(3.) The Government by G.O.Ms.No.332, Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993 has framed certain guidelines in the matter of granting lease of fishing rights in the Panchayat/Revenue Tanks. Even though the said Government Order provides that the fishery lease shall be for a period of five years and annual leases should not be resorted to, admittedly, the petitioner participated in the auction for the lease of fishing right for the period 2001-2002 and got it confirmed in his favour. Admittedly, the said period was already over. Therefore, it is not open for the petitioner to seek the relief beyond the period for which he bid in the auction namely, 2001-2002.