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2002 DIGILAW 1183 (MAD)

R. Vedi v. The Commissioner, Tiruvannamali Panchayat Union

2002-10-03

P.D.DINAKARAN

body2002
Judgment :- The petitioner, who was a successful bidder for the leasehold fishing rights in Yendel Panchayat Tank at Tiruvannamalai Panchayat Union for the period 2001-2002 for a sum of Rs.34,200/= seeks a writ of mandamus for renewal of his fishing right in the said Panchayat Tank for a period of five years from 2001-2002, placing reliance on the G.O.Ms.No.332 Animal Husbandry & Fisheries (FS.IV) dated 17.11.1993. 2. Since auction was conducted during the pendency of the above writ petition, namely, W.P.No.12859 of 2002 one Nagasankar was declared as the highest bidder and the petitioner in W.P.No.12859 of 2002 filed another writ petition bearing W.P.No.18997 of 2002, challenging the auction confirmed in favour of Nagasankar, impleading him as the third respondent in W.P.No.18997 of 2002 for the issue of a writ of declaration, declaring that the proceedings of the respondents 1 & 2 in auctioning the right to catch fish in the Keelanathur Tank in Thiruvannamali Taluk on 26.04.2002 as evidenced by the letter of the 1st respondent in ref.No.R.C.726/2002, A2 dated 24.05.2002 is illegal and void. 3. The Government by G.O.Ms.No.332, Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993 has framed certain guidelines in the matter of granting lease of fishing rights in the Panchayat/Revenue Tanks. Even though the said Government Order provides that the fishery lease shall be for a period of five years and annual leases should not be resorted to, admittedly, the petitioner participated in the auction for the lease of fishing right for the period 2001-2002 and got it confirmed in his favour. Admittedly, the said period was already over. Therefore, it is not open for the petitioner to seek the relief beyond the period for which he bid in the auction namely, 2001-2002. 4. Admittedly, even in the order dated 24.05.2002 , the authorities have auctioned the lease of fishing right for a period of one year namely from 1.07.2002 to 31.06.2003 and the third respondent in W.P.No.18997 of 2002 was declared as the highest bidder. Admittedly, the period of lease of the writ petitioner was already over and at the same time the third respondent in W.P.No.18997 of 2002 is not put in possession. Admittedly, the period of lease of the writ petitioner was already over and at the same time the third respondent in W.P.No.18997 of 2002 is not put in possession. In my considered opinion, the guidelines provided under the G.O.Ms.No.332 Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993 has to be construed only to fixing the maximum period of leasing out the fishing right by the panchayat, giving an option to local body authorities to bring the auction of lease either every year or for the period less than five years. In any event, once the local body authorities notify the auction only for a lesser period, the same alone shall prevail. The bidders shall even participate in the bid based on the auction notification. The successful bidders are estopped from claiming a longer period than which the lease was auctioned. The lease of fishing right is given for a minimum period of five years as contended by the learned counsel for the petitioner. In my considered opinion, it would give way for monopolising the lease of fishing right among the creamy layer of the socially, economically backward sections defeating the very purpose to provide source of revenue to such sections for whose benefit the guidelines were framed under the G.O.Ms.No.332 Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993 5. In the instant case, since the auction was conducted by the second respondent during the pendency of W.P.No.12859 of 2002 seeking renewal of five years based on G.O.Ms.No.332, Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993 and since the writ petitioner had been deprived to participate in the auction, suffice it to direct the second respondent to bring the lease of fishing right in Panchayat Tank for auction for a period of one year or for such period as the second respondent may deem fit, which shall not exceed five years, permitting the writ petitioner as well as the third respondent, whoever interested to participate in the auction and proceed with the matter expeditiously, within thirty days from the date of receipt of a copy of this order. 6. The writ petitions are ordered accordingly. Consequently, the connected W.P.M.Ps. are closed. No costs.