MURUGESAN Vs. KUNDRAMADAI AYYANAR KOIL SIVAGIRI

JUDGEMENT

(1.) COMMON ORDER The above petition has been filed by one Murugesan to grant leave to him to file the Writ Appeal against the order of a learned single judge of this Court dated 29.1.1996 in W.P. No. 5694 of 1989.

(2.) THE Writ Petition was filed by the 1st respondent herein Sri Kundaramadai Ayyanar Koil, Sivagiri, represented by its trustee Arunachala THEvar to call for the records of the District Collector, Tiruneleveli, Kattabomman District, in Na.Ka. No. 7 49546/88 dated 20.3.1989 signed on 11-4-1989 and the consequential order in Na.Ka. No. 1603/88 dated April, 1989, passed by the Chief Administrative Officer, Fish Farmers Development Agency, Tirunelveli, granting the fishery right of Melakarisalkulam Tank to respondents 4 to 6 therein, and to quash the same and consequently forbear the respondents therein from interfering with the fishery rights of the petitioner over the Melakarisalkulam, Royagiri Village, Sivagiri Taluk, Tirunelveli Kattabomman District.

(3.) AFTER hearing the learned counsel for the writ petitioner and the learned Addtional Government Pleader on behalf of the respondents, the learned single judge allowed the Writ Petition by setting aside the order passed by the District Collector, Tirunelveli and directed him to pass suitable orders after giving an opportunity to the writ petitioner. The learned judge was of the opinion that the order impugned in the Writ Petition could not have been passed without affording an opportunity to the writ petitioner when a right of fishery has been given to it permanently and even though there is a clause in the lease that the government can cancel the fishery patta at any time without notice, when the right of the party is being affected, naturally the said party should be heard before passing the said order.