P. SUBBIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Writ Petition filed in the nature of Certiorarified Mandamus calling in question the impugned proceedings of the 2nd respondent dtd. 24/9/2021 and interfere with the same and consequently forbear the respondents from conducting lease-cum-public auction for lease of fishing rights in Pappianpattikulam Kanmoi, in Periyakulam Taluk, Theni District.

(2.) The Writ Petitioner, P. Subbiah @ Subbian, President of Pappaianpatti Kanmoi Water Users Association, in the affidavit filed in support of the Writ Petition, claimed that the Kanmoi is meant for irrigation and about 350 acres of land depend on the water from the Kanmoi, benefitting about 7500 families. It was further claimed that leaseholders of fishing rights cause damage to the tank bund to release water from the tank, to enable them to catch the fish. This affected irrigation. It was stated that the Public Works Department laid a condition that the lessees should not damage the bund of the Kanmoi or release the water, prior to bringing fishing rights to auction.

(3.) It was further stated that the petitioner came to know that the respondents intended to auction the fishing rights and the petitioner had given a representation on 4/10/2021 protesting at such attempt. However, the seventh respondent claimed that he had obtained fishery rights and produced a letter dtd. 24/9/2021. The petitioner then came to know that the respondents had issued a tender notification dtd. 9/9/2021. It was stated that the entire proceedings stand vitiated owing to lack of transparency and failure to follow due process of law. It was claimed that the Writ Petition should be allowed and the reliefs sought be granted.