K SUBBIAH PANDIAN Vs. ASSISTANT DIRECTOR OF PANCHAYAT

JUDGEMENT

(1.) By a notice dated 29.12.2007, the Commissioner, Keelappavur Panchayat Union, informed the interested members of the public that the lease of fishery rights in Arunthava Piratti Tank in Rajagopal Beri Panchayat, coming within Keelappavur Panchayat Union, for the period from 1.7.2007 to 20.6.2008, would be granted by a public auction to be conducted in the office of the Panchayat Union on 8.1.2008. One Mr. K. Subbiah Pandian, the petitioner in W.P. No. 5813 of 2008, participated in the auction and offered the highest lease amount. Therefore, the lease of fishery rights was granted to him by an order of the Commissioner of the Panchayat Union dated 9.5.2008. Though the order was passed only on 9.5.2008, confirming the auction in favour of the highest bidder, the period of lease was indicated in the order to be from 1.7.2007 to 30.6.2008.

(2.) Aggrieved by the above anomaly, the petitioner gave a representation on the same day, requesting the grant of lease till 30.6.2012. However, without considering his request, the Panchayat Union Commissioner issued an auction notice dated 10.6.2008 for the lease of fishery rights for the subsequent period, from 1.7.2008 to 30.6.2011, in view of an order passed in another writ petition filed by the 3rd respondent. It was followed by another auction notice dated 24.6.2008.

(3.) Challenging the auction notice dated 24.6.2008, on the ground that the period of lease granted on 9.5.2008 shouId be for 5 years as per the statutory rules, the highest bidder K. Subbiah Pandian, filed W.P. No. 5813 of 2008. In the meantime, the auction was conducted on 24.6.2008 and one S. Murugiah became the successful bidder. Therefore, he got impleaded as the fourth respondent in the writ petition W.P. No. 5813 of 2008.