M.Subramanian v. The Government Of Tamil Nadu
2024:MHC:1709 THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.30333, 19368, 23602, 32702, 33627, 35565, 36203, 36206 & 36563 of 2023 and 16621, 25365, 27535 & 31341 of 2022, 4871, 5006 & 6051 of 2021, 124, 753, 4217, 6621 & 7318 of 2024 and WMP.Nos.5478, 5582, 5583, 6692, 6695, 8751 & 6693 of 2021, 15906, 15907 & 24346 of 2022 and 18642, 18641, 32313 & 35507 of 2023 and 770, 773, 7348 & 8187 of 2024 W.P.No.30333 of 2023 M.Subramanian .. Petitioner vs 1.The Government of Tamil Nadu Rep. By its Secretary to Government, Animal Husbandry and Fisheries Department, Fort St.George, Chennai- 600 009.
2.The Commissioner of Fisheries, Nandanam, Chennai- 600 035.
3.The Managing Director Tamilnadu Fisheries Development Corporation, Chennai - 600 035.
4.The District Collector, Coimbatore.
5.The District Collector, Erode.
6.The Executive Engineer, Water Resource Department, Bhavani Sagar Dam Division, 1/21
Bhavani Sagar, Erode District.
7.The Deputy Director, Fisheries Department, Bhavani Sagar.
8.The Assistant Director of Fisheries, Erode.
9.The Government of Tamil Nadu Rep. By the Additional Chief Secretary, Water Resource Department, Secretariat, Chennai - 600 009 (R9 suo motu impleaded vide order dated 26.03.2024) .. Respondents Prayer in W.P.No.30333 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents herein to consider the representation of the petitioner society dated 28.08.2023 and 27.09.2023 and grant lease of fishing rights in Bhavani Sagar Reservoir / Dam and its Distributaries by implementing the order of this Hon'ble Court dated 21.06.2023 made in W.P.No.2743 of 2022 etc batch cases within a specified time as fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Writ Petition For Petitioner(s) For Respondents 30333 of 2023 Mr.S.Senthilnathan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1,2,3,6,7 & 8 Mr.S.John J Raja Singh AGP for R4, R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R9 Mr.A.E.Ravi Chandran Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R2 Mr.S.John J Raja Singh AGP for R1 Mr.T.
Writ Petition For Petitioner(s) For Respondents Mr.S.John J Raja Singh AGP for R4 Mr.R.Jayaprakash Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R2 ,R3, R4, R5 Mr.S.John J Raja Singh AGP for R1 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 Mr.N.Vinoba Bhopathy Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 & R4 Mr.S.John J Raja Singh AGP for R2, R3 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R5 16621 of 2021 Mr.P.Krishnan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 25365 of 2022 Mr.D.Baskar Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R2 Mr.S.John J Raja Singh AGP for R1, R3 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R4 27535 of 2022 Mr.V.Illanchezian Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1,R4, R5 Mr.S.John J Raja Singh AGP for R2, R3, R6 Mr.T.Ravindran, AAG assisted by 3/21
Writ Petition For Petitioner(s) For Respondents Mr.S.John J Raja Singh AGP for R7 31341 of 2022 Mr.D.Rajkumar Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R3 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R4 19368 of 2023 Mr.S.Senthilnathan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R4, R6, R7 Mr.S.John J Raja Singh AGP for R5 Mr.M.Santhanaraman for R8 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R9 23602 of 2023 Mr.V.Jayaprakash Narayanan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R4 Mr.S.John J Raja Singh AGP for R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 32702 of 2023 Mr.Raja Velayutham for Mr.S.Doraisamy Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R3 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R4 33627 of 2023 Mr.M.S.Palaniswamy Mr.M.R.Gokul Krishnan AGP 35565 of 2023 Mr.S.Tamilselvan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R3 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for 4/21
Writ Petition For Petitioner(s) For Respondents R4 36203, 36206 & 36563 of 2023 Mr.S.Senthilnathan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 Mr.S.Senthilnathan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 Mr.P.Raja Velayutham for Mr.S.Doraisamy Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R1 to R5 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R6 Mr.R.Thamaraiselvan Mr.P.Muthukumar, AAG assisted by Mr.R.Kumaravel AGP for R2 Mr.S.John J Raja Singh AGP for R1 Mr.T.Ravindran, AAG assisted by Mr.S.John J Raja Singh AGP for R3 Mr.S.Senthilnathan Mr.P.Muthukumar, AAG assisted by Mr.G.Nanmaran, SGP for R1 to R8 Mr.T.Ravindran, AAG assisted by Mr.G.Nanmaran,SGP for R9 Mr.S.Senthilnathan Mr.R.Gokul Krishnan, AGP for R1 to R6 Mr.J.Ravindran, AAG assisted by Mr.M.R.Gokul Krishnan, AGP for 5/21
Writ Petition For Petitioner(s) For Respondents R7 6/21
COMMON ORDER W.M.P.Nos.8187 of 2024, 33507, 32313 of 2023, 6692 of 2021 filed seeking permission to file a single writ petition are ordered on payment of separate court fee, if not already paid.
2. The details of the writ petitions, including the prayers sought for, have been tabulated by the official respondents and is extracted below for ease of appreciation of this order:- S.
S.No Prayer Concerned District / Corporation Case No Lease cancelled by EE, WRD.
Lease polluting the water bodies Ariyalur 27535/2022 Not related to Fisheries Department (Revenue Patta related case) Krishnagiri 4217/2024 Purse Seine activity, Marine Fisheries Cuddalore 4012/2022 Re-auction in Executive Engineer, WRD Tiruvallur 5006/2021 3.
The writ petitions have been listed from time-to-time. In the course of one of the preliminary hearings, the decision of the writ court in W.P.No.6819 of 2023 and batch on 21.06.2023 has been circulated. In that decision, the writ court has considered various Government Orders in the context of fishing rights and has issued the following directions:- "38. For the reasons aforesaid, the impugned proceedings of the 3rd respondent dated 4.1.2022 is set aside and the writ petitions are allowed with the following observations and directions :- i) The cooperative societies composed of fishermen or of Harijans engaged in 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 cooperative society is not prepared to take the lease for the amount offered, opportunity should be given to the Panchayat 8/21
working in the area to take the lease on the same amount. If there are more than one cooperative society in a particular area relatable to fishing, then public auction shall be conducted in the manner indicated in paragraph 2 of RSO 211 by fixing the upset price.
iii) If neither the cooperative society nor the Panchayat is willing to take the lease, the fishery should be disposed of by public auction in the manner indicated in paragraph 2 of RSO 211.
iv) The preference, as provided in RSO 211, which has been followed in G.O. Ms. No.332 dated 17.11.1993 shall be scrupulously adhered to.
v) The respondents are directed to ensure that contamination of water by polluting it for facilitating larger capture of fish and letting the polluted water to the farmer, thereby causing detriment to agriculture, is not resorted to by the leaseholder and if any such infraction is noticed, steps shall be taken by the respondents for cancelling such of the leases granted to such of the lessee.
vi) Consequently connected miscellaneous petitions are closed."
4.
A writ appeal was filed in W.A.No.152 of 2024 by the petitioners in W.P.No.25371 of 2022 alone and that writ appeal was disposed on 18.01.2024 declining intervention with the order passed on 21.06.2023.
5.
The State is hence required to formulate a comprehensive scheme of fishing rights having regard to the fact that water bodies in the State are owned by different entities and 9/21
several Government Orders have been passed over the years addressing the same. Hence the matters were adjourned on various dates to enable the respondents to produce the Government Order passed in compliance with order dated 21.06.2023. 6.
Till date, the respondents have been seeking time on the ground that inputs would have to be received from various departments.
7.
Status reports were called for seeking clarity on the total number of Reservoirs in the State of Tamil Nadu and the ownership of the same. Three status reports have been filed in March, 2024 confirming that the total number of reservoirs in Tamil Nadu is as follows:- S.No Department Reservoirs (in Nos) Fisheries and Fishermen Welfare Department Tamil Nadu Fisheries Development Corporation Limited Water Resources Department Rural Development and Panchayat Raj Department - Total 8.
The details of the Reservoirs under the control of the Department of Fisheries is as below:- S.No Name of the Reservoir District TWSA (in ha) Leasing status Kolavai Kancheepura m 700.00 License fishing Poondi Thiruvallur 3263.00 License fishing Guddar Vellore 56.50 Leased out to private party Mordhana Vellore 87.00 Leased out to private 10/21
S.No Name of the Reservoir District TWSA (in ha) Leasing status party Vidur Villupuram Share Fishing Manimuktha Villupuram Leased out to private praty Gomuki Villupuram Leased out to FCS Veeranam Cuddalore 6100.00 License fishing Wellington Cuddalore 834.00 Leased out to FCS Ponnaniyur Trichy 78.00 Share Fishing Kannoothuodai Trichy 60.00 Share Fishing Mettur Dam Salem 15346.00 License Fishing Anaimaduvu Salem 107.00 Leased out to FCS Kariakoil Salem 69.00 Leased out to Private party Krishnagiri Krishnagiri 1248.00 Leased out to private party Barur Krishnagiri 245.00 Leased out to FCS Soolagiri Chinnar Krishnagiri 50.00 Leased out to FCS Kelavaram Palli Krishnagiri 832.00 Share Fishing Pambar Krishnagiri 243.00 Leased out to FCS Chinnar Dharmapuri 196.00 Leased out to FCS Thumbalahalli Dharmapuri 193.
00 Leased out to FCS Nagavathy Dharmapuri 117.64 Leased out to FCS Vaniyar Dharmapuri 109.30 Leased out to FCS Kesarikulihalli Dharmapuri 120.00 Leased out to FCS Thoppiyar Dharmapuri 119.89 Leased out to FCS Gundaripallam Erode 61.00 Leased out to FCS Varattupallam Erode 89.00 Leased out to FCS Pillur Dam Erode 718.00 Leased out to private party Sholaiyar Erode 520.00 Leased out to private party Nallathangal odai Erode 314.00 Leased out to private party Sathiyar Madurai 90.00 Leased out to private party Marudhanadhi Dindigul 72.00 Leased out to FCS Kuthiraiyaru Dindigul 73.00 Leased out to private party Kudaganaru Dindigul 496.
S.No Name of the Reservoir District TWSA (in ha) Leasing status Parappalar Dindigul 114.00 Share fishing Chinna / Periakombai Dindigul 31.00 Leased out to FCS Nangangiyar Dindigul 161.00 Leased out to private party Vaigai Theni 2590.00 Leased out to private party Shanmuganathi Theni 34.00 Share fishing Manjalar Theni 197.00 Leased out to private party Periyar Virudhunagar 76.10 Leased out to FCS Kovilar Virudhunagar 73.70 Leased out to FCS Vembakottai Virudhunagar 480.00 Leased out to private party Kullurchandai Virudhunagar 316.40 Leased out to private party Manimuthar Tirunelveli 940.00 Reserve forest Gadana Tirunelveli 80.00 Share fishing Gundar Tirunelveli 14.00 Share fishing Karuppanathi Tirunelveli 50.00 Leased out to private party Vadakkupachaiyaru Tirunelveli 184.00 Share fishing Kodumudiyaru Tirunelveli 54.00 Share fishing Nambiyaru Tirunelveli 153.00 Share fishing Pechiparai Nagercoil 1515.00 Leased out to private party Perunchani Nagercoil 962.00 Leased out to private party Chittar I & II Nagercoil 707.00 Share Fishing 9.
The details of reservoirs under the control of Tamil Nadu Fisheries Development Corporation Limited is under:- Sl.No Name of the Reservoir District TWSA (in ha) Leasing status Aliyar Coimbatore 87.11 Leased out to private Amaravathy Tirupur 56.50 Leased out to private Bhavanisagar Erode 798.00 TNFDC fishing Thirumoorthy Tirupur 765.00 Leased out to private Uppar Tirupur 363.00 Leased out to private Perumpalam Erode 196.00 Leased out to private 12/21
Sl.No Name of the Reservoir District TWSA (in ha) Leasing status Palar-Porandalar Dindigul 109.00 Leased out to private Sathanur Thiruvannamalai 245.00 TNFDC fishing Total 2619.61 10.
The details of fisheries under the control of Water Resource Department are:- Sl.No Name of the Reservoirs Located district Chennai Region City Water Supply Reservoirs Poondi Thiruvallur Cholavaram Thiruvallur Redhills Thiruvallur Chembarambakkam Kancheepuram Thervoy Kandigai Thiruvallur Other Reservoirs Gomukhi Kallakuruchi Manimuthandahi Kallakuruchi Vidur Villupuram Veeranam Cuddalore Willingdon Cuddalore Chinnar Dharmapuri Kesarigullihalla Dharmapuri Nagavathi Dharmapuri Thoppair Dharmapuri Thumbalahalli Dharmapuri Vaniyar Dharmapuri Varattar Dharmapuri Kelevarapalli Krishnagiri Krishnagiri Krishnagiri Pambar Krishnagiri Soolagiri Chinnar Krishnagiri Kuppanatham Thiruvannamalai Mirukandanathi Thiruvannamalai Sathanur Thiruvannamalai Shenbagathoppu Thiruvannamalai 13/21
Sl.No Name of the Reservoirs Located district Andiyappanur Odai Tirupattur Mordhana Vellore Rajathopu Kanar Vellore Madurai Region Manimuthar Tirunelveli Gadana Tenkasi Ramanadhi Tenkasi Gundar Tenkasi Karuppanadhi Tenkasi Adavinainarkoil Tenkasi Vadakku Pachaiyar Tirunelveli Nambiyar Tirunelveli Kodumudiyar Tirunelveli Vandal Odai Tirunelveli Pechiparai Kanyakumari Perunchani Kanyakumari Chittar-1 Kanyakumari Chittar-2 Kanyakumari Poigaiyar Kanyakumari Mambazhathuraiyar Kanyakumari Marudhanathi Dindigu Sirumaliyar Odai Dindigul Sathaiyar Madurai Vaigai Theni Shanmuganathi Theni Manjalar Theni Sothuparai Theni Pilavakkal Periyar Virudhunagar Pilavakkal Kovilar Virudhunagar Sasthakoil Virudhunagar Anaikuttam Virudhunagar Vembakottai Virudhunagar Golwarpatti Virudhunagar Irukkankudi Virudhunagar Periyar Dam Iduki Kullursandhai Virudhunagar Coimbatore Region TN Sholayar Coimbatore 14/21
Sl.No Name of the Reservoirs Located district Aliyar Coimbatore Upper Nirar Coimbatore Lower Nirar Coimbatore Palar/Porundalar Dindigul Parappalar Dindigul Varadhamanathi Dindigul Kudhiraiyar Dindigul Kodaganar Dindigul Nanganjiyar Dindigul Bhavanisagar Dam Erode Gunderipallam Erode NoyalOrathupalayam Erode Perumpallam Erode Varattupallam Erode Noyal Authupalayam Karur Thirumoorthy Thirupur Amaravathy Thirupur Uppar Dam Thirupur Vattamalaikarai Odai Thirupur Nallathangal Odai Thirupur Parambikulam Palaghat 83 & Thunak kadavu & Peruvari Pallam Palaghat Trichy Region Siddhamalli Ariyalur Ponnaniar Karur Anaimadavu Salem Kariakoil Salem Mettur Salem Uppar Trichy 11.
One of the status reports confirms that 34 leases had been subsisting as on 21.06.2023. The Court had called for the details of the 34 leases and a tabulation is filed to following effect:- 15/21
Sl.No Name of the Reservoir District Lease Handed Over 5 year Lease period upto Guddar Vellore 25.01.2022 24.01.2027 Mordhana Vellore 24.04.2023 23.04.2028 Manimuktha Villupuram 12.04.2019 11.04.2024 Gomuki Villupuram 20.07.2020 19.07.2025 Anaimaduvu Salem 15.03.2022 14.03.2027 Kariakoil Salem 22.03.2021 21.03.2026 Krishnagiri (Due to damage of Shutters during 2020, one year extension was granted) Krishnagiri 04.12.2018 03.12.2024 Barur Krishnagiri 09.07.2020 08.07.2025 SoolagiriChinnar Krishnagiri 13.05.2021 12.05.2026 Pambar Krishnagiri 03.03.2021 02.03.2026 Chinnar Dharmapuri 01.07.2020 30.06.2025 Thumbalahalli Dharmapuri 03.03.2021 02.03.2026 Nagavathy Dharmapuri 01.07.2020 31.06.2025 Vaniyar Dharmapuri 01.07.2020 31.06.2025 Kesarikulihalli Dharmapuri 03.03.2021 02.03.2026 Thoppiyar Dharmapuri 03.03.2021 02.03.
2026 Gundaripallam Erode 17.07.2020 16.07.2025 Varattupallam Erode 23.07.2020 22.07.2025 Pillur Dam Erode 24.11.2021 23.11.2026 Sholaiyar Erode 10.12.2021 09.12.2026 Nallathangalodai Erode 06.09.2021 05.09.2026 Sathiyar Madurai 19.08.2021 18.08.2026 Marudhanadhi Dindigul 11.01.2021 10.01.2026 Kudaganaru Dindigul 31.03.2023 30.03.2028 Nangangiyar Dindigul 09.03.2021 08.03.2026 Vaigai Theni 23.03.2023 22.03.2028 Manjalar Theni 11.10.2021 10.10.2026 Periyar Virudhunagar 28.11.2020 27.11.2025 Kovilar Virudhunagar 28.11.2020 27.11.2025 Vembakottai Virudhunagar 02.03.2022 01.03.2027 Kullurchandai Virudhunagar 20.10.2021 19.10.2026 Karuppanathi Tirunelveli 20.04.2023 19.04.2028 Pechiparai Nagercoil 10.04.2023 09.04.2028 Perunchani Nagercoil 10.04.2023 09.04.
12.
The lease to the private respondent/R8 in W.P.No.19368 of 2023, was in force till 19.06.2023. Pursuant to his request, proceedings have been issued that have been impugned in that writ petition extending the lease on a month-on-month basis for a period of twelve months. While R8 would point to the fact that the intention under proceedings dated NIL.06.2023 in Na.Ka.No.220/jp1/2023 is to extend the lease for a period of 12 months, the lease rent is payable only on month-on-month basis and has been collected only for one month after expiry of the lease. 13.
Note dated 27.03.2024 filed by R1 states that though a month's extension had been granted to R8, there was a strike by the fishermen of the Society in the Bhavani Sagar Reservoir and, in effect, fishing had commenced only from 15.07.2023 for a period of one month till 14.08.2023.
14.
According to R8, he has paid one more monthly instalment of Rs.21,16,286/- but has not been permitted to continue thereafter since the lease was admittedly taken over by the Tamil Nadu Fisheries Development Corporation and is being operated thereafter by them till date.
15.
In light of the fact that one more monthly instalment has been paid by R8, let him request that he be permitted to continue fishing in the reservoir for a month longer and his request 17/21
be considered by the authority concerned. That is to say, he may either be granted lease for one month or given a refund of the amount paid by him. No further orders are required in this writ petition.
16.
As far as W.P.No.23602 of 2023 is concerned, the prayer of the petitioner is for grant of sub-lease to the members of the cooperative societies. This is a matter that has to be decided inter se the petitioner and the Society and thus the parties are at liberty to engage in discussion to negotiate and arrive at a proper method of allocation of rights as deemed appropriate by them, mutually.
17.
All other writ petitions relate to the allocation of fishing rights, which will require passing of the Government Order under formulation. The respondents request a period of two months time as they say the process is on-going.
18.
The 34 leases that had subsisted on 21.06.2023 have been extended for a period of five years. The understanding is that those leases would stand terminated upon the expiry of the period of five years.
19.
The lease in Sl.No.3 of the tabulation in paragraph 11 supra (Manimuktha) expires on 11.04.2024. Upon termination of the same, it will vest in the appropriate department that owns the 18/21
reservoir.
20.
As regards the other leases, they expire on various dates commencing from December, 2024, by which time, the Court believes fondly, the Government Order would be in operation. 21.
Writ petitions stand disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. 22.
List under the caption 'for compliance' on 10.06.2024. 27.03.2024 Index:Yes ssm To 1.The Secretary to Government, Animal Husbandry and Fisheries Department, Fort St.George, Chennai- 600 009.
2.The Commissioner of Fisheries, Nandanam, Chennai- 600 035.
3.The Managing Director Tamilnadu Fisheries Development Corporation, Chennai - 600 035.
4.The District Collector,Coimbatore.
5.The District Collector,Erode.
6.The Executive Engineer, Water Resource Department, Bhavani Sagar Dam Division, Bhavani Sagar, Erode District.
7.The Deputy Director, Fisheries Department, Bhavani Sagar.
19/21
8.The Assistant Director of Fisheries, Erode.
9.The Additional Chief Secretary, Water Resource Department, Secretariat, Chennai - 600 009 20/21
DR. ANITA SUMANTH,J.
ssm 27.03.2024 21/21