S DURAI Vs. DISTRICT COLLECTOR TIRUNELVELI

JUDGEMENT

(1.) THE prayer in this writ petition is for a Writ of Certiorarified Mandamus to call for the records of the third respondent in Na.Ka. 49/2005 dated 27.02.2006 and quash condition No.4 there at and direct the third respondent to give the petitioner a lease of "Rajasingaperi Kulam" upto 31.10.2010 with a 10% increase on the lease amount of Rs.60, 100/- every year as per Rule 11 of the Tamil Nadu Panchayat (Lease and Licensing of Fishery Rights in Water Sources Vested and Regulated by Village Panchayat and Panchayat Union Council) Rules, 1999.

(2.) THE facts involved in this case are that the petitioner is the successful bidder in respect of the auction conducted by the third respondent for leasing fishery rights for the period between 01.11.2005 and 31.10.2006 for a total amount of Rs.60,100/- THE said amount was lesser than the previous period, hence, the matter was referred to the first respondent under Rule 13 of the Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights in Water Sources Vested And Regulated By Village Panchayats and Panchayat Union Councils) Rules, 1999, hereinafter referred to as Rules, which was also ratified by the first respondent and thereafter, the said auction was confirmed by the third respondent in favour of the petitioner. THE period of lease granted to the petitioner also expired as early as 31.10.2006. During that period, the petitioner has filed the above said writ petition for the relief mentioned above.

(3.) THIS Court carefully considered the argument of the counsel on either side and perused the material records. It is not in dispute that the writ petition filed by the third respondent against the fourth respondent in WP No. 1931 of 2005 is pending before this Court. It is also not in dispute that the first respondent permitted the third respondent to conduct public auction for leasing of fishery rights in Rajasingaperi tank. The Rule 11 runs as follows:-". 11. Lease of fishery rights - the lease of fishery rights in the water sources vested in the village panchayats or the panchayat union council shall be given after conducting public auction by the respective village panchayats or panchayat union council, as the case may be. Such lease shall be for a period of five years. Lease amount shall be raised every year at the rate of 10 per cent over the lease amount of the previous year. Upset lease amount shall be fixed by the village panchayat and the panchayat union council concerned in consultation with the Inspector of Fisheries of the respective area.".