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2025 DAILYLAW 147449 (MAD)

A.Prabakaran v. The Executive Engineer (PWD)

WP(MD)/17757/2025 · 2025-07-03

S Srimathy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.17757 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.17757 of 2025 and W.M.P(MD)No.13573 of 2025 A.Prabakaran ... Petitioner Vs 1. The Executive Engineer (PWD), Water Resource Organization, Upper Vaippar Bagin Division, Rajapalayam, Virudhunagar. 2. The Assistant Executive Engineer (PWD), Water Resource Organization, Upper Vaippar Bagin Division, Rajapalayam, Virudhunagar. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to extend the fisheries rights further for a period of two years according to the representation of the petitioner dated 23.06.2025 in respect of Vandayarkulam Kanmai Situated in Kovilur Village, Rajapalayam Taluk. For Petitioner : M/s.Lakshmi Gopinath For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17757 of 2025 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to extend the fisheries rights for a further period of two years, based on the representation of the petitioner dated 23.06.2025 in respect of Vandayarkulam Kanmai Situated in Kovilur Village, Rajapalayam Taluk. 2. The auction was conducted for the fasli year 2022-2023 on 19.01.2023, for the period which starts from 01.07.2022. The petitioner was handed over possession of the Tank only on 01.02.2023. Consequently, the petitioner incurred a loss for the period from 01.07.2022 to 01.02.2023. Hence, the said period of loss has to be compensated. 3. Therefore, this Court is directing the respondents to grant extension for seven months. As far as the petitioner's plea for grant of further extension from 01.02.2026 to 30.06.2026 is concerned, the same is left open. The petitioner is directed to submit an application for the extension stated supra. The respondents shall consider the same as per law. It is made clear that the respondents shall consider their loss while considering the petitioner's application. If it is beneficial to both side, then the respondents are advised to consider it in a positive manner. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17757 of 2025 4. With the above said directions, this Writ Petition is disposed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 03.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To: 1. The Executive Engineer (PWD), Water Resource Organization, Upper Vaippar Bagin Division, Rajapalayam, Virudhunagar. 2. The Assistant Executive Engineer (PWD), Water Resource Organization, Upper Vaippar Bagin Division, Rajapalayam, Virudhunagar. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17757 of 2025 S.SRIMATHY , J. jbr ORDER MADE IN W.P(MD)No.17757 of 2025 DATED : 03.07.2025 4/4 https://www.mhc.tn.gov.in/judis