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Madras High CourtWP/9898/2026disposed of with direction

Ramakrishnan v. The State Of Tamil Nadu

2026-03-10Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 9898 of 2026 and W.M.P.No.10687 of 2026

1. Ramakrishnan S/o.Perumal, Membership No.466, Sengodappati, Palacode Post,Dharmapuri District.

2. Chinnavan, S/o.Kuppan, Membership No.371 Vazhaithottam, Ernali Post, Palacode Taluk, Dharmapuri Distrit.

3. Chinnamari S/o.Kaveri, Membership No.545,Vazhaithottam, Ernali Post, Palacode Taluk, Dharmapuri District.

4. Thangaraj S/o.Vandikkara Chinnavan, Membership No.1175, Vazhaithottam, Ernali Post, Palacode Taluk, Dharmapuri District.

5. Marappan, S/o.Kundan, Membership No.803, Karakoor Post, Palacode Taluk, Dharmapuri District ..Petitioner(s) Vs

1. The State of Tamil Nadu Rep.by the Secretary to Government, Animal Husbandry and Fisheries Department, Secretariat, Chennai - 600 009

2. The Director of Fisheries, Fisheries and Fishermen Welfare, Animal Husbandry and Fisheries Campus, Nandanam, Chennai - 600 035.

3. The District Collector Dharmapuri District, Dharmapuri

4. The Regional Level Redressal Committee Rep. by its Deputy Director of Fisheries, Fisheries and Fishermen Welfare, Dharmapuri Region, Opp. Collectorate, Dharmapuri.

5. The Deputy Director, Fisheries and Fishermen Welfare, Inland Fisheries, Dharmapuri Region, Opp. Collectorate, Dharmapuri

6. The Assistant Director of Fisheries, Fisheries and Fishermen Welfare Board, Inland Fisheries, Dharmapuri

7. KK199 Palacode Paruvatha Rajakula Fishermen Cooperative Society, Chinnaru Dam, Palacode Taluk, Dharmapuri District, Rep. by its Administrative Officer. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 5th respondent issued vide order in Na.Ka.No.2558/E/2018 dated 06.03.2026, quash the same and direct the respondents to grant extension of lease period

for two years for fishing in the Kesarkuli Allah Dam, Palacode Taluk, Dharmapuri District and till such time permit the petitioners to carry the fishing activity in the Kesarkuli Allah Dam For Petitioner(s):

Mr.V.Elangovan For Respondent(s):

Mrs.V.Yamuna Devi for R1 to R6 Special Government Pleader

ORDER

This Writ Petition has been filed to call for the records of the 5th respondent relating to the order in Na.Ka.No.2558/E/2018 dated 06.03.2026 and quash the same and direct the respondents to grant extension of lease period for two years for fishing in the Kesarkuli Allah Dam, Palacode Taluk, Dharmapuri District and till such time permit the petitioners to carry the fishing activity in the Kesarkuli Allah Dam.

2. With consent on either side, the main Writ Petition itself is taken up for final disposal at the admission stage. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 6 and perused the entire documents placed on record.

3. It is the case of the petitioners that the petitioners are the members of the 7th respondent Society and fishing right of the dam, viz., Kersarkuli Allah

Dam, which is under the control of the Fisheries Department, was leased out to the 7th respondent Society in Se.Mu.No.2558/E/2018-1 dated 03.03.2021 for the period from 2021-2022 to 2025-2026, i.e., for a period of five years (03.03.2021 to 02.03.2026). However, out of five years lease period, for two years, there was no fishing activity due to low water level in the dam. In order to compensate the loss and damages, the respondents have to extend the lease period for further period of two years, therefore, the petitioner made a representation dated 03.01.2026. Since no orders have been passed, earlier, the petitioner preferred W.P.No.4635 of 2026 and this Court by an order dated 10.02.2026 disposed of the said Writ Petition. Based on the above said order, the 5th respondent issued enquiry notice and the petitioner appeared for the enquiry. Instead of placing the grievance before the 4th respondent, the 5th respondent without any authority passed an order rejecting the extention of the lease period. Challenging the same, the present Writ Petition has been filed.

3. The learned counsel for the petitioners would submit that this Court, on an earlier occasion, while dealing with the identical case as that of the present Writ Petition, in W.P.No.22999 of 2025 on 02.07.2025, granted extension of lease period, thereby pleaded that the same indulgence shall be shown to the present petitioners also. Further, this Court may issue a direction

to the respondents to consider the case of the petitioner in terms of the provisions of the Revenue standing orders and in terms of the order passed by this Court earlier, viz., W.P.No.22999 of 2025.

4. The learned Special Government Pleader appearing for the respondents would submit that the petitioners do not have a right to seek for extension of lease, as per the conditions of lease.

5. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the entire documents placed on record.

6. It is to be noted that the petitioners, who are the members of the 7th respondent Society had the fishing right of the dam, viz., Kersarkuli Allah Dam, which is under the control of the Fisheries Department and the same was leased out to the 7th respondent Society in Se.Mu.No.2558/E/2018-1 dated 03.03.2021 for the period from 2021-2022 to 2025-2026, i.e., for a period of five years (03.03.2021 to 02.03.2026). However, out of five years lease period, for two years, there was no fishing activity due to low water level in the dam. On the other hand the respondents, filed a report in R.C.No.247/D/2024 dated 10.03.2026 indicating that as per the directions of

this Court in W.P.No.4635 of 2026, the 5th respondent called the petitioner inperson and enquired about the grounds for extention of fishing leasing from the petitioner's side, since there are no sufficient reasons / grounds raised to extend the lease period, the 5th respondent refused to extend the lease period and passed the impugned order and that the petitioners do not have a right to seek for extension of lease, as per the conditions of lease. Considering the above said facts and circumstances of the case, this Writ Petition stands disposed of, with liberty to the petitioner to participate in the auction to be conducted by the respondents in pursuant to the expiry of the lease period. Consequently, W.M.P.No.10687 of 2026 filed to permit the petitioners to join together and to file a single writ petition, is ordered on payment of single court fee. No costs.

10-03-2026 Index: Yes/No Speaking/Non-speaking order ssd

To

1. The State of Tamil Nadu Rep.by the Secretary to Government, Animal Husbandary and Fisheries Department, Secretariat, Chennai - 600 009

2. The Director of Fisheries, Fisheries and Fishermen Welfare, Animal Husbandry and Fisheries Campus, Nandanam,Chennai - 600 035.

3. The District Collector Dharmapuri District, Dharmapuri

4. The Regional Level Redressal Committee Rep. by its Deputy Director of Fisheries, Fisheries and Fishermen Welfare, Dharmapuri Region, Opp. Collectorate, Dharmapuri.

5. The Deputy Director, Fisheries and Fishermen Welfare, Inland Fisheries, Dharmapuri Region, Opp. Collectorate, Dharmapuri

6. The Assistant Director of Fisheries, Fisheries and Fishermen Welfare Board, Inland Fisheries, Dharmapuri

7. KK199 PalacodeParuvathaRajakulaFishermen Cooperative Society, Chinnaru Dam, Palacode Taluk, Dharmapri District, Rep. by its Administrative Officer.

M.DHANDAPANI, J.

ssd 10-03-2026