← Library
Madras High CourtWP/26532/2025disposed of

Ramakrishnan v. The Executive Engineer

2025-07-21Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Ramakrishnan S/o.Lingappa, Membership No.435, Prasanth Street, Denkanikotta Post, Krishnagiri District 2.Muni Rathinamma W/o.Ramakrishnan, Membership No.483, Prasanth Street, Denkanikotta Post, Krishnagiri District

3. Venkatappa S/o.Thirupathi, Membership No.166, Prasanth Street, Denkanikotta Post, Krishnagiri District

4. Venkattama W/o.Venkatappa, Membership No.635, Prasanth Street, Denkanikotta Post, Krishnagiri District Petitioner(s) Vs

1. The Executive Engineer Upper Pennaiyar Basin Division, Water Resources Department, Dharmapuri -5

2.The Assistant Director Of Fisheries (Inland Fisheries), Krishangiri Dam, Krishnagiri 3.FMR.6, Denkanikottai, Fisherman Co-operative Society, Meera Mahal Opp, Hosur, Krishnagiri District, Rep By Its Administrative Officer Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 2nd respondent to consider and pass orders on the representation of the petitioners dated 7.6.2025 and permit the petitioners to carry out the Joint fishing operation in the pethaservu tank under the control of the 1st respondent as per the allotment order in L.No.493/Ko.29/2025(Meenpasi ki.Giri)/Tha4/ dated 19.6.2025 on the file of the 1st respondent granting lease right for fishing in favour of the 3rd respondent society and pass orders.

For Petitioner(s): Mr.S.Doraisamy for Mr. V.Elangovan For Respondent(s):

Mr.E.Vijay Anand Additional Government Pleader for R1 and R2 Mr.V.Umakanth Government Advocate for R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to consider the

representation made by the petitioner on 07.06.2025 and to permit the petitioner and others belonging to the 3rd respondent society to carry out the joint fishing operation in the Pethaseruvu tank under the control of the 1st respondent, as per the allotment order of the 1st respondent dated 19.06.2025 granting lease right for fishing. 2.

The main grievance that has been expressed by the petitioners is that the respondents are trying to grant the fishing rights only in favour of one person viz., Purushothaman on the ground that he alone had approached this Court on an earlier occasion by filing a writ petition in WP No.11041 of 2025 dated 26.03.2025. The learned counsel for the petitioner submitted that when the permission is granted, it will enure in favour of the entire society and it cannot go in favour of one single person. Therefore, a representation was made in this regard before the 2nd respondent and no decision was taken.

3.

When the writ petition was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of respondents 1 and 2 submitted that no attempt is being made to grant the fishing rights in favour of a single person and that joint

fishing rights will be granted in favour of the members of the society. The learned Additional Government Pleader further brought to the notice of this Court the proceedings dated 19.06.2025 wherein the recommendation has been made in favour of the society and not in the name of any individual. The learned Additional Government Pleader further submitted that fresh guidelines have been issued for leasing of fishing rights and the same is pending for approval before the Government. Hence, a decision will be taken in line with the fresh guidelines and that the final permission will be granted only in favour of the society for the fishing lease rights and it will not be granted in favour of any particular individual. 4.

The learned counsel for the petitioner also brought to the notice of this Court the earlier order passed in WP No.23141 of 2021 dated 26.10.2021 where a similar grievance was raised and this Court made it clear that fishing rights will be assigned in favour of all the members of the society to jointly enjoy the fishing rights. 5.

In view of the above stand taken by the respondents 1 and 2, it is made clear that while granting permission for fishing operation, it shall be granted in favour of the members of the 3rd

respondent society. This process shall be completed as expeditiously as possible.

6.

This writ petition is disposed of in the above terms. No costs.

21-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Executive Engineer Upper Pennaiyar Basin Division, Water Resources Department, Dharmapuri -5 2.The Assistant Director Of Fisheries (inland Fisheries), Krishangiri Dam, Krishnagiri 3.Fmr.6, Denkanikottai, Fisherman Co-operative Society, Meera Mahal Opp, Hosur, Krishnagiri District, Rep By Its Administrative Officer

N.ANAND VENKATESH J.

rka 21-07-2025