GNANASEKARAN Vs. ASSISTANT DIRECTOR OF FISHERIES

JUDGEMENT

(1.) BEING aggrieved over the order of dismissal dated 03.08.2012 made in W.P.No.18175 of 2012 passed by the learned Single Judge of this Court, the appellant herein/writ petitioner has come forward with the present appeal.

(2.) THE appellant herein filed the writ petition seeking for issuance of a writ of certiorarified mandamus to call for the records and quash the proceedings of the 1st respondent in Na.Ka.No.1053/A/2011, dated 02.07.2012 and consequently, to forbear the respondents from in any manner interfering with the right of the appellant/petitioner to fish in 'Ayyan Eri' in Vadalur, Kurinjipadi Taluk, Cuddalore District till 30.06.2012 or alternatively, to direct the respondents to pay the appellant/petitioner suitable damages.

(3.) THE 1st respondent has filed a counter stating that for the fasli years 1419 -1421 ie., from 01.07.2009 to 30.06.2012, auction was conducted for leasing out the fishing rights in 'Ayyan Eri' by closed tenders on 25.02.2010 and in the said auction, nine bidders had participated. One Thiru.Senthilkumar quoted highest bid of Rs.2.01 lakhs, but he did not come forward to remit the amount in time. Hence, opportunity was given to one Thiru.Paramasivam, who was the second highest bidder, to take the fishery lease of 'Ayyan Eri' for the fasli years 1419 -1421 ( ie., 01.07.2009 to 30.06.2012) at the rate of Rs.1.80 lakhs per fasli. Subsequently, the said Paramasivam had paid the leased amount for the fasli year 1419 (ie., 01.07.2009 to 30.06.2010). The said Paramsivam had also paid the lease amount for the next fasli ie., 1420 (ie., 01.07.2010 to 30.06.2011), but he did not come forward to remit the lease amount for the fasli year 1421 (ie., 01.07.2011 to 30.06.2012). Hence, notice was sent to him asking him to pay the lease amount. But, he had stated that he suffered loss in the fishing and he was not able to pay the lease amount for the fasli year 1421. Hence, in order to avoid the loss to the Government, fresh auction was called for in respect of the period from fasli 1421 to fasli 1423. The Village Administrative Officer, Serakkuppam made publicity through 'Tom Tom'. The fresh auction was conducted on 24.10.2011 for the fasli year 1421 -1423 (ie., 01.07.2011 to 30.06.2014) for fishing right in respect of 'Ayyan Eri'. Four bidders participated in the said auction. Since the appellant/petitioner was the highest bidder, who quoted a sum of Rs.55,101/ - per fasli, he was given fishing right for the fasli years 1421 -1423. An agreement was also made between the lessor and lessee. In the said circumstances, the 2nd respondent forwarded a complaint received from one Mr.Thangarasu Ex M.L.A, residing at Serakkuppam, near ayyan Eri, alleging that auction in respect of 'Ayyan Eri' was conducted improperly without giving wide publicity to the public and loss has been caused to the Government and a fresh auction should be conducted. Further, it was stated in the said complaint that the name board of the earlier lessee was not removed and no name board of the present lessee was installed at the banks of the lake. In fact, the complaint received by the 2nd respondent reveals that there is loss of Rs.1.25 lakhs to the Government. Therefore, it was decided to cancel the lease granted in favour of the appellant/petitioner and to conduct a fresh auction by giving wide publicity.