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Madras High CourtWP/6882/2026allowed

K.S.Balasubramaniam v. The Secretary To The Government

2026-02-26Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

1. K.S.Balasubramaniam S/o. Sengodagounder, Membership No. 503, No. 209/8 Kanga Nagar, Karur Road, Kangeyam, Tiruppur, Tamil Nadu - 638 701.

2. M.Sekar S/o. Muthu, Membership No. 514, No. 3/51/1 Therkukadu, Kottapalayam, Namakkal District Tamil Nadu - 637 503.

3. S.Arumugam S/o. Sengotuvel Muthugoundar, Membership No. 520 No. 2/73 Karukangadu, Kottapalayam, Namakkal District Tamil Nadu - 637 503.

..Petitioners Vs

1. The Secretary to the Government Animal Husbandry , Fisheries and Fisherman Welfare Department Fort St.George , Chennai - 9.

2. The Commissioner of Fisheries and Fisherman Welfare Anna Salai, Nandanam, Chennai - 35.

3. The District Collector Nallipalayam Namakkal District - 637 003.

4. The Executive Engineer PWD , WRD Sarbanga Basin Division Saradha College Road, Adaikalanagar, Asthampatti, Salem - 636 007.

5. The Assistant Director of Fisheries Mettur Dam, Salem - 1.

6. The Assistant Executive Engineer PWD, WRD Sarbanga Basin Sub Division, Rasipuram - 637 408.

7. The Special officer F.M.R. 13 Pallipalayam Avarangkadu, Inland Fishermen Co-operative Society Pallipalayam, Kumarapalayam Taluk, Namakkal District.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant lease of the fishing right in respect of Kottapalayam Eri to the above members of the 7th respondent Society namely F.M.R. 13 Pallipalayam Avarangkadu, Inland Fishermen Co-operative Society, Namakkal District for the period of 5 years (i.e. 2025 to 2030 ) in accordance with Revenue Standing Order 211 and G.O Ms.No.332 Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993 and pass orders.

For Petitioners:

Mr.R.S.Anandan For Respondents:

Ms.P.Aishwarya Government Advocate for R1 to R6 Mr.G.Velu Additional Government Pleader for R7

ORDER

This writ petition has been filed seeking to issue a direction to the respondents to grant lease of fishing right in respect of Kottapalayam Eri to the above members of 7th respondent Society namely F.M.R. 13 Pallipalayam Avarangkadu Inland Fishermen Co-operative Society, Namakkal District for the period of 5 years (i.e 2025~ 2030) in accordance with Revenue Standing Order 211 and G.O.Ms.No 332, Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993.

2. It is the case of the petitioners that they are the members of the 7th respondent Co~operative Society. The 7th respondent Society is having jurisdiction over 10 water bodies in the Namakkal District. However, the fishing rights were not allotted or leased to any of its members for the past four years which severely affected the very livelihood of the petitioners. In this regard the petitioners have given a representation on 17.12.2025 to all the respondents to grant fishing rights in Kottapalayam Eri from the year 2025 to 2030 as per Government Order in force. However, till date no orders were passed. Hence this writ petition.

3. The learned counsel for the petitioners submitted that the representation made by them, dated 17.12.2025, may directed to be considered by the respondents in the light of the Revenue Board Standing Order 211, Fisheries (Volume IV), wherein the relevant paragraph is extracted hereunder: "2. Disposal of fishery rights otherwise than by lease:- Disposal of fishery rights otherwise than by lease, i.e., by public auction, should be resorted to only if there are no co~operative societies composed of fishermen or of Harijans engaged in fishing or a panchayat in the locality and in cases where such co~operative society or the panchayat is not willing to take up the lease."

4. The learned Government Advocate appearing for the respondents would submit that the representation of the petitioners, dated 17.12.2025, would be considered by the respondents on merits within a stipulated time to be fixed by this Court.

5. In view of the same, this Court is of the view that when the petitioners are ready to take up the fishing rights, the respondents cannot reserve it to a public auction. Hence, the respondents are directed to consider the representation of the petitioners dated 17.12.2025, in the light of the Revenue Standing Orders 211 (Volume IV) Fisheries and G.O.Ms.No.332 dated 17.11.1993 and pass appropriate orders on merits and in accordance with law,

within a period of three weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

26-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:

1. The Secretary to the Government Animal Husbandry , Fisheries and Fisherman Welfare Department Fort St.George , Chennai - 9.

2. The Commissioner of Fisheries and Fisherman Welfare Anna Salai, Nandanam, Chennai - 35.

3. The District Collector Nallipalayam, Namakkal District - 637 003.

4. The Executive Engineer PWD , WRD Sarbanga Basin Division Saradha College Road, Adaikalanagar, Asthampatti, Salem - 636 007.

5. The Assistant Director of Fisheries Mettur Dam, Salem - 1.

6. The Assistant Executive Engineer PWD, WRD Sarbanga Basin Sub Division, Rasipuram - 637 408.

7. The Special officer F.M.R. 13 Pallipalayam Avarangkadu, Inland Fishermen Co-operative Society Pallipalayam, Kumarapalayam Taluk, Namakkal District.

P.T.ASHA J.

DS 26-02-2026