The petitioner has approached this court for the following reliefs: i) Issue a writ of mandamus, any other writ, order or direction directing the Respondents to permit the petitioner to fix his net in the already located area at the earliest.
ii) Or issue a writ of mandamus or any other writ directing the respondents to pay compensation to the petitioner, if his net comes under the list of nets removed for National Water Ways-III.
iii) Direct the 1st Respondent to consider Exhibit P6 and allow the petitioner to fix his net.
iv) Such other reliefs that this Honourable Court may deem fit and proper to grant, in the interest of justice.
v) Provide cost of the proceedings.
2. It is submitted that the petitioner's Chinese fishing Net has not been acquired for National Water Ways and therefore he is entitled to retain the Chinese Net in the original place. It seems that the petitioner has removed the Chinese Net on the apprehension that this may be required for the National Water Ways.
3. On instruction, the learned Government Pleader submits that the petitioner's Net has not been acquired and no notice was issued to the petitioner to remove the net.
W.P.(C) No.24246 of 2014 2
4. In view of the above, it is up to the petitioner to take a decision either to fix or not to fix the Net. In the above circumstances, the petitioner's application Ext.P6 for allowing to refix the Chinese net at the original place shall be considered by the 1st Respondent in accordance with law, within a period of four weeks from the date of receipt of a copy of this judgement.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
//true copy// P.S. To Judge st/-