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Judgment
P.D. Dinakaran, J.—Petitioner challenges the auction notice 6.8.1998, issued by the 1st Respondent, in so far as it relates to the leasing of
fishing rights in Sirukkulam of Silvaarpatti Village of Theni district.
It is not in dispute that the Petitioner was a lessee in respect of the said tank for the previous year, which expired in the month of June, 1998.
When the Respondents proposed to lease out the fishing rights by way of public auction for the year 1999-2000, the Petitioner has obtained an
order of status quo in the above writ petition on the ground that the Respondents proposed to accept the lowest bid and consequently, the
Respondents could not proceed with the auction.
Mr. G. Sankaran, learned Government Advocate on instructions, states that there was no proposal by the Respondents to confirm the lowest
bid as alleged by the Petitioner. The learned Government Advocate further contends that even assuming that the Respondents proposed to confirm
the lowest bid, the Petitioner ought to have challenge the order of the Respondent, confirming the lowest bid. The learned Government Advocate
therefore contends that the above writ petition is premature as the Respondents have not yet passed any order of confirmation.
I have given my careful consideration to the submissions of both sides.
1 am unable to appreciate the attempt of the Petitioner in stalling the auction proceedings at the notice stage itself and, therefore, as rightly
pointed out by the learned Government Advocate, the writ petition is premature. Therefore, the writ petition is dismissed with a direction to the
Respondents to proceed with the auction afresh and complete the same within three months from the date of receipt of copy of this order. No
Costs. Connected W.M.P. Nos. 21487 and 21488 of 1998 are dismissed. CH/VCS