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Madras High CourtWP/24016/2026disposed of

N.Subramanian v. The District Collector

2026-06-24Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ N.Subramanian S/o. Nadesan, No. 8/35 Ellappalayam, Mallasamudram Post, Tiruchengode Taluk, Namakkal district 637 503 ..Petitioner(s) Vs

1. The District Collector Namakkal district, Namakkal 637 008

2. The Executive Engineer Sarabanga Basin Division, Water Resources Department, Adaikkala Nagar, Asthampatti, Salem 636 007

3. The Assistant Executive Engineer Water Resources Department, Sarabanga Basin Sub Division, Rasipuram, Namakkal District 637 408

4. The Assistant Engineer Sarabanga Basin Sub Division, Water Resources Department, Tiruchengode Irrigation division I, Rasipuram Post, Namakkal district 637 408 ..Respondent(s) 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 renew and

extend the Fishing Rights in the Mallasamudram Periya Eri, situated at Tiruchengode Taluk, Namakkal District from Fasli 1436 to Fasli 1439 i.e. 01.07.2026 to 30.06.2030 for a period of 4 years by considering the petitioner's representation dated 27.05.2026 in the light of G.OMs.No.332 Animal Husbandry and Fisheries Department, dated 17.11.1993 within a time frame to be stipulated by this court.

For Petitioner(s):

Mr.M.Venkatesh For Respondent(s):

Mr.S.Sidhardha Vishnu Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 to 4 to renew and extend the fishing rights in Mallasamudram Periya Eri, situated at Tiruchengode Taluk, Namakkal District from Fasli 1436 to Fasli 1439 i.e. from 01.07.2026 to 30.06.2030 for a period of 4 years by considering petitioner's representation dated 27.05.2026 in the light of G.Oms.No.332, Animal Husbandry and Fisheries Department, dated 17.11.1993.

3. Learned counsel for petitioner would submit that the respondents conducted a public auction to grant fishing rights for the period from 01.07.2025 to 30.06.2026, in which petitioner was the successful bidder. However, third respondent vide order dated 06.01.2026 granted permission to petitioner only from the date of the said order. He would submit that though the auction was for a period of one year, petitioner was able to enjoy the fishing rights only for about six months. Learned counsel for petitioner would further submit that in terms of G.O.Ms.No.332, Animal Husbandry and Fisheries Department, dated 17.11.1993, the period of fishery lease in irrigation tanks and other public water bodies could be granted for a period of five years.

Therefore, according to learned counsel for petitioner, the action of the third respondent in accepting petitioner's bid and collecting the bid amount for a year, while restricting the lease period to six months, is unjustified. It is further submitted that, in the above circumstances, petitioner has submitted a representation dated 27.05.2026, seeking extension of the fishing rights.

4. Learned Government Advocate appearing for the respondents would submit that petitioner's representations dated 27.05.2026 would be considered and appropriate orders would be passed, keeping in view G.O.Ms.No.332, dated 17.11.1993, within a time period to be stipulated by this Court. Agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents to consider the representation dated 27.05.2026 on its own merits and pass appropriate orders in accordance with law, after issuing notice and affording an opportunity of hearing to petitioner, keeping in view the peculiar facts of the case, including G.O.Ms.No.332, dated 17.11.1993 within a period of two (2) 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 on 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. 24-06-2026 (1/2) Index: Yes/No Speaking/Non-speaking order ANU

To

1. The District Collector Namakkal district, Namakkal 637 008

2. The Executive Engineer Sarabanga Basin Division, Water Resources Department, Adaikkala Nagar, Asthampatti, Salem 636 007

3. The Assistant Executive Engineer Water Resources Department, Sarabanga Basin Sub Division, Rasipuram, Namakkal district 637 408

4. The Assistant Engineer Sarabanga Basin Sub Division, Water Resources Department, Tiruchengode Irrigation division I, Rasipuram Post, Namakkal district 637 408

MOHAMMED SHAFFIQ, J.

ANU 24-06-2026 (1/2)