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Madras High CourtWP/11041/2025disposed of

Purusothaman v. The Executive Engineer

2025-03-26Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 1.Purusothaman 2.Govindaraj ... Petitioners Vs.

1.The Executive Engineer Upper Pennaiyar Basin Division Water Resources Department Dharmapuri 5.

2.The Assistant Director of Fisheries (Inland Fisheries) Krishnagiri Dam Krishnagiri.

3.FMR.6, Denkanikottai Fishermen Co-operative Society Meera Mahal Opp Hosur Krishnagiri District Rep.by its Administrative Officer.

....Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioners dated 01.03.2025 and to get lease of the fishing rights in the 1) Pethaseruvu Tank and 2) Javalanaicken Tank under the control of the first respondent in favour of the third respondent society for a period of 5 years from 2025-26 to 2029-30 by applying G.O.M.S.No.332, Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993 and the orders passed in batch of writ petitioners in W.P.No.6819 of 2023 etc.

For Petitioners : Mr.S.Doraisamy For Respondents : Mr.V.P.R.Elamparithi for R1 to R3 Additional Government Pleader

ORDER

This Writ Petition is filed for a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioners dated 01.03.2025 and to get lease of the fishing rights in the 1) Pethaseruvu Tank and 2) Javalanaicken Tank under the control of the first 2/6

respondent in favour of the third respondent society for a period of 5 years from 2025-26 to 2029-30 by applying G.O.M.S.No.332, Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993 and the orders passed in batch of writ petitions in W.P.No.6819 of 2023 etc.

2. Upon hearing the learned counsel for the petitioners and perusing the affidavit filed in support of the Writ Petition and the material records of the case, the grievance of the petitioners is that the petitioners are the members of the third respondent Cooperative Society. The Cooperative Society is at present administered by the Special Officer. The petitioners are urging that the fishing rights be granted in favour of these cooperative society. In this regard, when there is some administrative difficulty, the petitioners have made a representation dated 01.03.2025 and the learned counsel submits that he will be satisfied if the representation is directed to be considered.

3. The learned counsel takes notice for the first respondent and submits that if an order is passed to consider the representation, then the 3/6

authorities will consider the representation in the manner known to law.

4. In view thereof, this Writ Petition is disposed of on the following terms;

(i) The representation of the petitioners dated 01.03.2025 shall be considered by the first and second respondents in accordance with law, and order shall be passed in any event not later than 8 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(ii) No costs.

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To 1.The Executive Engineer Upper Pennaiyar Basin Division Water Resources Department Dharmapuri 5.

2.The Assistant Director of Fisheries (Inland Fisheries) Krishnagiri Dam Krishnagiri.

3.FMR.6, Denkanikottai Fishermen Co-operative Society Meera Mahal Opp Hosur Krishnagiri District Rep.by its Administrative Officer.

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D.BHARATHA CHAKRAVARTHY , J.

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