W.P.(MD)691/2012
1. The Junior Engineer, Public Works Department, Water Resource Organisation, Uppar Vaipar Irrigation Division, Sivagiri, Tirunelveli District.
2. The President, Viswanathanperi-Panchayat, Vasudevanallur Panchayat Union, Sivagiri-Taluk, Tirunelveli District.
3. S.Balakrishnan ... Respondents in W.P.(MD)9653/2012 Prayer in W.P.(MD) No.691/2012: Writ Petition filed under
Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the proceedings of the 2nd respondent in K.En.KO1/2012/E.POC dated 13.01.2012 and quash the same.
Prayer in W.P.(MD) No.9653/2012: Writ Petition filed under
Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to make public auction as per the provisions of law and G.O.Ms.No.16 dated 14.01.2011 the fishery right in Periyakulam tank (1) Konarkulam tank (2) and Vazhivizhikulam tank (3) in Viswanathaperi Village in Sivagiri Taluk in Tirunelveli District for the Fasli year 1422 commencing from 01.07.2012.
The writ petition in W.P.(MD) No.691 of 2012 has been filed, seeking to quash the proceedings of the 2nd respondent in K.En.KO1/2012/E.POC dated 13.01.2012, by which a public auction was proposed to be conducted in respect of the fishery right in question. The petitioner in W.P.(MD) No.9653 of 2012 seeks a direction to the 1st respondent to make public auction as per the provisions of law and G.O.Ms.No.16 dated 14.01.2011 regarding fishery right in Periyakulam tank (1), Konarkulam tank (2) and Vazhivizhikulam tank (3) in Viswanathaperi Village in Sivagiri Taluk in Tirunelveli District for the Fasli year 1422 commencing from 01.07.2012 to 30.06.2013.
2. Heard the learned counsel on either side.
3. It is seen that the issue involved in these two writ petitions pertains to the years between 2012 and 2013 and therefore, this Court is of the view that nothing survives for further adjudication in these petitions. Hence, these writ petitions are disposed of, leaving it open to the concerned parties to approach the authorities afresh in respect of fishery rights for the prospective years. No costs. Consequently, connected miscellaneous petitions are closed.
To:
The Junior Engineer, Public Works Department, Water Resource Organisation, Uppar Vaipar Irrigation Division, Sivagiri, Tirunelveli District.
.