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2015 DIGILAW 569 (MAD)

K. Thangaduai v. Secretary, Government of Tamil Nadu

2015-02-02

B.RAJENDRAN

body2015
Judgment 1. Challenging the order dated 26.02.2014 of the second respondent, this Writ Petition has been filed. 2. The learned Senior counsel would submit that no doubt the order was passed taking into consideration of the representation of the petitioner. However, before passing the order, no personal hearing was given to the petitioner, as he has sought for such personal hearing for the reason that the entire fish auctioned to him in Meenakshiamman Peria Kanmoi, situated at B.Ammapattai in Bodi Taluk in Theni District, at the time of harvest, died due to poisoning of the fish. The said fact was also brought to the authorities concerned, who did not take any action on this. The police has also not taken any steps in this regard. Therefore, he is seeking for reconsideration of the order of the second respondent dated 26.02.2014 on the basis of that no personal hearing was given to the petitioner. Further, the vital fact regarding the loss of entire fish due to poisoning has not been taken into consideration by the second respondent. Till date, no reauction has been conducted by the respondents in respect of the tank in question. 3. The Additional Government Pleader state that no doubt auction has not been conducted till date. Still, the tanks vests with the Government. But, he would only contend that for such type of cases no personal hearing is required, as sought for by the petitioner. 4. In view of the fact of a peculiar circumstances of the case that the entire fish has died due to alleged poisoning and no action has been conducted by the respondents or the police, the order of the second respondent stands set aside only on the limited ground that no opportunity is given to the petitioner. Consequently, a specific direction is issued to the respondents that the petitioner will be given an opportunity of hearing in regard to the loss caused due to the death of the poisoning of the fish and thereafter, pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.