Kaliyappan v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Kaliyappan 2.Murugan 3.Dharuman 4.N.Madhu 5.Govindasamy 6.Murugesan ... Petitioners vs.
1.The Executive Engineer, Public Works Department (WRO), Melpennayaru Basin Division, Dharmapuri-5.
2.The Assistant Director of Fisheries, (Inland Fisheries), Krishnagiri.
3.FMR.1, Kaveripattinam Paruvatha Rajakula Fishermen Co-Operative Society, No.59/203, Agaram Road, Kaveripattinam Post, Krishnagiri District Rep. by its Administrative Officer.
... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioners dated 30.10.2024 and to get lease of the fishing rights in the Nedungal Lake, Krishnagiri District in favour of 3rd respondent society for period of 2024-2025 to 20282029 totally five years by applying G.O.Ms.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 Petitioners : Mr.V.Elangovan For R1 and R2 : Mr.G.Ameedius Government Advocate For R3 : Mr.V.Jeevagiridharan Additional Government Pleader
O R D E R
By consent of both the learned counsel appearing for the petitioners as well as respondents, this writ petition is disposed of at the admission stage itself.
2. The petitioners herein seek a direction to the respondents to consider their representation dated 30.10.2024 seeking lease of fishing rights in Nedungal Lake, Krishnagiri District in favour of 3rd respondentSociety for a period from 2024-2025 to 2028-2029 by applying Government 2/6
Order in G.O.Ms.No.332, Animal Husbandry and Fisheries (FS.IV) Department, dated 17.11.1993.
3. It is the case of the petitioners that they are all Members of the 3rd respondent-Co-operative Society. It is stated that all the Members of the 3rd respondent-Society are Inland Fishermen and they are depending on fishing activities carried in and around the lakes situated in Krishnagiri District. It is also stated that the petitioners belonged to poor fishermen community and there is no other income to lead their livelihood. The Nedungal Lake is under the control of the 1st respondent. Previously, the fishery rights in the above mentioned lake was leased out in favour of the 3rd respondent-Society for 5 years from 2019-20 to 2023-24. The above said lease was given in favour of the 3rd respondent-Society by following the guideline issued regarding preferential rights under G.O.Ms.No.332, Animal Husbandry and Fisheries (F.S.IV) Department, dated 17.11.1993. Now, the lease period of 5 years is already over in March, 2024.
4. It is also stated that except 3rd respondent-Society, there is no other fishermen society in the locality. Therefore, it is the case of the petitioners 3/6
that by applying the guideline issued under G.O.Ms.No.332, Animal Husbandry and Fisheries (F.S.IV) Department, dated 17.11.1993, the 3rd respondent-Society is entitled to lease of fishery rights for a further period of 5 years. In this regard, the petitioners/Members of the 3rd respondent-Society submitted a representation before the respondents on 30.10.2024 seeking lease of fishing rights and the same has not been considered till date. Hence, the petitioners are come before this Court.
5. Mr.G.Ameedius, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.V.Jeevagiridharan, learned Additional Government Pleader takes notice for the 3rd respondent.
6. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the representation submitted by the petitioners dated 30.10.2024 will be considered by the 2nd respondent on its own merits and in accordance with law, within the time fixed by this Court.
7. In view of the same, without going into the merits of the claim made by the petitioners, this Court is inclined to direct the 2nd respondent to 4/6
consider the representation of the petitioners dated 30.10.2024 in the light of G.O.Ms.No.332, Animal Husbandry and Fisheries (F.S.IV) Department, dated 17.11.1993 and pass final orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order, after issuing necessary notice to all interested parties.
8. With the above direction, the Writ Petition stands disposed of. No costs.
18.11.2024 (2/6) Index : Yes/No Speaking order:Yes/No dm To 1.The Executive Engineer, Public Works Department (WRO), Melpennayaru Basin Division, Dharmapuri-5.
2.The Assistant Director of Fisheries, (Inland Fisheries), Krishnagiri.
3.Administrative Officer, FMR.1, Kaveripattinam Paruvatha Rajakula Fishermen Co-Operative Society, No.59/203, Agaram Road, Kaveripattinam Post, Krishnagiri District.
5/6
S.SOUNTHAR, J.
dm 18.11.2024 (2/6) 6/6