N.Surendiran v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-06-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
1. N.Surendiran S/o.Nanjappan, Membership No.566, No.335, New Pillaiyar Koil Street, Avarankadu, Pallipalaya, Namakkal, Tamil Nadu - 638006.
2. S.Dhasaradhan Nivas, S/o.Surendiran, Membership No.557, No.335, New Pillaiyar Koil Street, Avarankadu, Pallipalaya, Namakkal, Tamil Nadu 638006.
3. G.Madesh, S/o.Gurunathan, Membership No.347, No.764, A Pudu Pillaiyar Street, Avarankadu, Pallipalaya, Namakkal District, Tamil Nadu 638006.
4. S.Kanishkar, S/o.Sadhasivam, Membership No.605, No.13, Sembadampalayam,Poonachi, Bhavani, Erode District, Tamil Nadu 638314.
5. D.Sowmiya, W/o.Dhasaradhan Nivas , Membership No.609, No.335, New Pillaiyar Koil Street, Avarankadu, Pallipalaya, Namakkal, Tamil Nadu 638006.
..Petitioner(s) Vs
1. The Secretary to the Government, Animal Husbandry, Fisheries and Fisherman Welfare department, Fort St.George, Chennai 600 009.
2. The Commissioner of Fisheries and fisherman welfare, Anna Salai, Nandanam, Chennai 600 035.
3. The District Collector Namakkal, Namakkal District 637003.
4. The Executive Engineer PWD, WRD, Sarbanga Basin Division S.K.Garden, Kondalampatti, Salem District.
5. The Assistant Director of fisheries, Mettur Dam, Salem 600 001.
6. The Assistant Executive Engineer, PWD, WRD, Sarabanga Basin- Sub Division Rasipuram 637408.
7. The Special Officer, F.M.R.13 Pallipalayam Avarangkadu, Inland Fishermen Co- operative Society, Pallipalayan, Kumarapalayam Taluk, Namakkal District.
..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the respondents 1 to 6 to grant lease of fishing right in respect of Pallamedu 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 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.
For Petitioner(s):
Mr.K.H.Ravikumar for Mr.R.S.Anandan For Respondent(s):
Mr.P.Elyaraj Kumar for Government
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition has been filed praying for a writ of Mandamus to direct the respondents 1 to 6 to grant lease of fishing right in respect of Pallamedu Eri to the petitioners, who are members of 7th Respondent society namely F.M.R.13 Pallipalayam Avarangkadu Inland Fishermen CoOperative 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.
3. At the outset, the learned counsel appearing for the respondents would submit that the Standing Order No.211 read with G.O.Ms.No.332, Animal Husbandry, Dairying and Fisheries Department, dated 17.11.1993, governs the order of preference in granting concession of lease without auction, and provides as follows:
"The lease should be given in the following order of preference:- (i) Co-operative societies of fishermen or of Harijans engaged in fishing;
(ii) Panchayat of the locality;
(iii) Private individuals as determined by the results of public auction.
The following procedure should be adopted in sanctioning the lease:-- (i) The co-operative societies composed of fishermen or of Harijans engaged fishing should first be given an opportunity of taking the fishery on lease for a reasonable rental fixed by the Collector of the district or the authority concerned.
(ii) If the co-operative society is not prepared to take the lease for the amount offered opportunity should be given to the panchayat working in the area to take the lease for the same amount."
4. He would submit that there is some doubt as to whether petitioners as stated are members of co-operative society, namely F.M.R.13 Pallipalayam Avarankadu Inland Fishermen Co-operative Society. He would further submit that in any view, sixth respondent would consider the petitioners' representation dated 10.02.2026, keeping in view the Standing Order No.211 and G.O.Ms.No.332, dated 17.11.1993 and any other relevant G.Os and pass appropriate orders within the time stipulated by this Court.
5. In view of the above, this Court directs the sixth respondent to consider the petitioners' representation dated 10.02.2026 on its own merits, keeping in view the Standing Order No.211 and G.O.Ms.No.332, dated 17.11.1993 and any other relevant G.Os and pass appropriate orders in accordance with law, after issuing notice and affording reasonable opportunity of hearing to petitioners and any other interested persons, within a period of three (3) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. No costs. 01-06-2026 (2/2) Index: Yes/No Speaking/Non-speaking order ANU
To
1. The Secretary to the Government, Animal Husbandry, Fisheries and Fisherman Welfare department, Fort St.George, Chennai 600 009.
2. The Commissioner of Fisheries and fisherman welfare, Anna Salai, Nandanam, Chennai 600 035.
3. The District Collector Namakkal, Namakkal District 637003.
4. The Executive Engineer PWD, WRD, Sarbanga Basin Division S.K.Garden, Kondalampatti, Salem District.
5. The Assistant Director of fisheries, MetturDam, Salem 600 001.
6. The Assistant Executive Engineer, PWD, WRD, Sarabanga Basin- Sub Division Rasipuram 637408.
7. The Special Officer, F.M.R.13 Pallipalayam Avarangkadu, Inland Fishermen Co- operative Society, Pallipalayan, Kumarapalayam Taluk, Namakkal District.
MOHAMMED SHAFFIQ, J.
ANU 01-06-2026 (2/2)