M/S.Paruvatharajakula Fishmen Cooperative Society v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Paruvatharajakula Fishmen Cooperative Society Rep. By Its Members Madesh, K.K.No.199, Palacode, Dharmapuri District.

Petitioner Vs

1. The District Collector, Collectorate Buildings, Dharmapuri District.

2.The Director of Fisheries, Nandanam, Chennai-600 035.

3.The Assistant Director of Fisheries, (In Land) Oddappatti, Dharmapuri District.

4.The Assistant Executive Engineer, Water Resources Department, Dharmapuri, Dharmapuri District.

[R4 suo motu impleaded as per the order of this Court dated 02.06.2025] Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider and pass appropriate orders based on petitioner's representation dated 17.02.2025 requesting to grant lease of fishing rights of Agaram Kumarachetty Lake, Palacode Taluk, Dharmapuri District for a period of 5 years.

1/6

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.E.Vijay Anand, Additional Government Pleader *****

O R D E R

The Assistant Executive Engineer, Water Resources Department, Dharmapuri, Dharmapuri District, is suo motu added as the fourth respondent in this writ petition. Mr.E.Vijay Anand, learned Additional Government Pleader, takes notice for the fourth respondent.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner society dated 17.02.2025 wherein the petitioner is seeking for grant of lease to exercise the fishing rights at Agaram Kumarachetty Lake, Palacode Taluk, Dharmapuri District, for a period of five years.

3. Heard Mr.D.Ramesh Kumar, learned counsel for petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader appearing for respondents.

2/6

4. The grievance of the petitioner society is that in the year 2019, lease was granted for a period of five years for catchment of fishes during the entire lease period. Renovation work was undertaken to renovate the lake, as a result, the entire water stored in the lake was released and thereby, there was no scope for catchment of fishes during the entire lease period and the petitioner society suffered huge loss. The further grievance of the petitioner is that since the renovation is yet to be completed, the petitioner society is not able to exercise its fishing right till date. Representation was made in this regard and the same did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court.

5. Learned Additional Government Pleader appearing for the respondents submitted that fishing rights are granted only by way of auction and that as and when the auction is conducted by the impleaded fourth respondent, the petitioner can participate in the auction and seek for the fishing rights.

6. In reply to the above submission, learned counsel for the petitioner submitted that priority has to be granted for fishing rights to 3/6

the petitioner society and that the same has to be taken into consideration by the fourth respondent.

7. In the considered view of this Court, it is not necessary to deal with the contentions raised by learned counsel on either side. The specific case of the fourth respondent is that an auction will be called for grant of fishing rights and it is left open to the petitioner society to participate in the same and if the petitioner society has any priority, the same will be considered in line with the prevailing rules. Necessary steps shall be taken in this regard by the fourth respondent within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of in the above terms. No costs. 02.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To

1. The District Collector, Collectorate Buildings, Dharmapuri District.

2.The Director of Fisheries, Nandanam, Chennai-600 035.

3.The Assistant Director of Fisheries, (In Land) Oddappatti, Dharmapuri District.

4.The Assistant Executive Engineer, Water Resources Department, Dharmapuri, Dharmapuri District.

5/6

N.ANAND VENKATESH, J gm 02.06.2025 6/6