← Library
Madras High CourtWP/23931/2025disposed of

K. Anguraj v. The State Of Tamil Nadu

2025-07-02Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. K.Anguraj S/o.Krishnasamy 2.K.Paramashivam S/o.Kuppusamy 3.A.Marimuthu S/o.Arumugam 4.M.Petchimuthu S/o.Maranayakar Petitioners Vs 1.The State of Tamil Nadu represented by its Principal Secretary, Animal Husbandry and Fisheries Department, Fort St. George Chennai - 600 009.

2.The Commissioner, Nandanam, Chennai - 600 009.

3.The Assistant Director, Fisheries Department, Erode 638 012.

4.The District Collector, District Collector Office, Karuppa Gaundapalayam, Tiruppur, Tiruppur District - 641 604.

1/6

5.The Inspector, Nallathangal Reservoir, Dharapuram.

6.The Special Officer, Udumalai Taluk Meenavar Kooturu Cooperative Society, Kozhumam Road, Tiruppur District.

7. The Secretary to Government, Water Resources Department, Fort St.George, Chennai - 600 009.

[R7 suo motu impleaded as per order of this Court dated 02.07.2025] Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 07.06.2025 to grant lease of fishing rights to the petitioner co-operative society under the jurisdiction of sixth respondent as per G.O.(Ms)No.05 dated 30.01.2025 within the stipulated period.

For Petitioners : Mr.N.Umapathi For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader *****

O R D E R

The Secretary to Government, Water Resources Department, Government of Tamil Nadu, is suo motu impleaded as seventh respondent in this writ petition.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader, takes notice for the impleaded seventh respondent. 2/6

3. This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to deal with the representation made by the petitioner on 07.06.2025 wherein the petitioners have sought for granting lease of fishing rights to the Co-operative Society under the jurisdiction of the sixth respondent as per G.O.(Ms) No.5 dated 30.01.2025.

4. When the writ petition was taken up for hearing, learned Special Government Pleader produced the written instructions received from the fourth respondent.

5. On carefully going through the instructions given by the fourth respondent, it is seen that the Water Resources Department alone has power to take a decision on granting lease of fishing rights as per G.O.(Ms) No.5 dated 30.01.2025. Insofar as the Animal Husbandry and Fisheries Department is concerned, they only fix the upset price and inform the same to the Water Resources Department. It is also seen that the concerned society already availed of the fishing lease from fasali year 1430 to 1434 (01.07.2020 to 30.06.2025) and the petitioners enjoyed the lease as the first preference given as per G.O.(Ms) No.332, dated 3/6

17.11.1993. Ultimately, as per G.O.(Ms) No.5, referred supra, the Animal Husbandry and Fisheries Department is in control of 54 reservoirs and 636 irrigation tanks whose fishing rights are vested with that department. Accordingly, the respondents have taken a stand that they cannot decide on the request made by the petitioners.

6. Taking into consideration the facts and circumstances of the case and considering the written instructions received from the fourth respondent, it is left open to the petitioners to submit a fresh representation before the impleaded seventh respondent and on receipt of the same, the seventh respondent shall take a decision and convey the same to the petitioners.

This writ petition is disposed of in the above terms. No costs. 02.07.2025 Note: Registry is directed to carry out necessary amendment in all the concerned records.

Index: yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Principal Secretary, Animal Husbandry And Fisheries Department, Fort St. George Chennai - 600 009.

2.The Commissioner, Fisheries Department, Nandanam, Chennai - 600 009.

3.The Assistant Director, Fisheries Department, Erode 638 012.

4.The District Collector, District Collector Office, Karuppa Gaundapalayam, Tiruppur, Tiruppur District - 641 604.

5.The Inspector, Nallathangal Reservoir, Dharapuram.

6.The Special Officer, Udumalai Taluk Meenavar Kooturu Cooperative Society, Kozhumam Road, Tiruppur District.

7. The Secretary to Government, Water Resources Department, Government of Tamil Nadu.

5/6

N.ANAND VENKATESH, J gm 02.07.2025 (2/2) 6/6