Narayanasamy v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.16884 of 2025 1.
NARAYANASAMY 2.
SENTHILKUMAR 3.
AYYAPPA 4.
RAJESHWARI 5.
PUSHPA ... 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.3, HOSUR FISHERMEN, CO-OPERATIVE SOCIETY, PWD OFFICE, HOSUR-635 109, KRISHNAGIRI DISTRICT, REP. BY IT IS ADMINISTRATIVE OFFICER.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to consider and pass orders on the representation of the petitioners dated 07.02.2025 and to get 1/5
lease of the fishing rights in the Dhatha Rao 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 petitions in W.P. No.6819 of 2023 etc., dated 21.06.2023. For Petitioner : Mr.V.Elangovan For R1 & R2 : Mr.S.Senthil Murugan Special Government Pleader
ORDER
This writ petition is filed to direct the respondents to consider the representation of the petitioners dated 07.02.2025 and to grant the lease of fishing rights in the Dhatha Rao Tank, under the control of the first respondent, in favor of the third respondent society for a period of five years from 2025-26 to 2029-30, by applying G.O.Ms. No.332, Animal Husbandry and Fisheries (FS.IV) Department dated 17.11.1993, and the orders passed in the batch of writ petitions in W.P. No.6819 of 2023, etc., dated 21.06.2023.
2. When the matter came up for admission, Mr.S.Senthil Murugan, the learned Special Government Pleader, taking notice on behalf of the respondents 1 and 2, submitted that after the order passed by this Court, guidelines have been issued in G.O. (Ms). No. 5 dated 30.01.2025 by the Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (FS.6-1) 2/5
Department. The first and second respondents will consider the request of the petitioners in accordance with the said guidelines framed by the government.
3. In view thereof, this writ petition is disposed of on the following terms:- (i) The first and second respondents shall take up the representation of the petitioners dated 07.02.2025 for enquiry. (ii) Notice shall be issued to the petitioners and any other interested parties and thereafter orders shall be passed in accordance with G.O.(Ms). No.5 dated 30.01.2025. If an auction is to be conducted, it shall be done in accordance with the said G.O. If there are rival claims among cooperative societies, the auction shall also be conducted in tune with G.O.(Ms). No. 5, dated 30.01.2025.
(iii) The entire exercise shall be completed as expeditiously as possible, and in any event, not later than 12 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy. No costs. 25.04.2025 1/2 nsl 3/5
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.
THE ADMINISTRATIVE OFFICER.
FMR.3, HOSUR FISHERMEN, CO-OPERATIVE SOCIETY, PWD OFFICE, HOSUR-635 109, KRISHNAGIRI DISTRICT.
4/5
D.BHARATHA CHAKRAVARTHY, J.
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