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Madras High CourtWP/34454/2024disposed of

Perumal Raj v. The Executive Engineer

2024-11-18Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Perumal Raj 2.Sangeetha 3.Saravanan 4.Sathya 5.Abdul Rahim ... Petitioners vs.

1.The Executive Engineer, Public Works Department (WRO), Dharmapuri-5.

2.The Deputy Director of Fisheries, Dharmapuri - 636 701.

3.The Assistant Director of Fisheries, (Inland Fisheries), Krishnagiri.

4.FMR.3. Hosur Fishermen Co-Operative Society, Rep. by its Administrative Officer, Opp. To Meera Mahal, Hosur, Krishnagiri District.

... 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 29.10.2024 by allotting the fishing rights in the Kuppamma Seruvu Lake at Krishnagiri District for the period of 5 years (2024-2025 to 2028-2029) to the 4th respondent Society by applying G.O.M.S.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 to R3 : Mr.G.Ameedius Government Advocate For R4 : 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 29.10.2024 seeking allotment of fishing rights in Kuppamma Seruvu Lake, Krishnagiri District in favour of 4th 2/6

respondent-Society for a period of 2024-2025 to 2028-2029 by applying Government 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 4th 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 Kuppamma Seruvu Lake is under the control of the 1st respondent. As per the guideline issued regarding preferential rights under G.O.Ms.No.332, Animal Husbandry and Fisheries (F.S.IV) Department, dated 17.11.1993, the 4th respondent-Society is entitled to fishing rights.

4. It is also stated that except 4th respondent-Society, there is no other fishermen society in the locality. Therefore, it is the case of the petitioners 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 4th 3/6

respondent-Society is entitled to lease of fishery rights for a further period of 5 years. In this regard, the petitioners/Members of the 4th respondent-Society submitted a representation before the respondents on 29.10.2024 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 to 3 and Mr.V.Jeevagiridharan, learned Additional Government Pleader takes notice for the 4th respondent.

6. The learned Government Advocate appearing for the respondents 1 to 3 would submit that the representation submitted by the petitioners dated 29.10.2024 will be considered by the 3rd 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 3rd respondent to consider the representation of the petitioners dated 29.10.2024 in the light of G.O.Ms.No.332, Animal Husbandry and Fisheries (F.S.IV) Department, 4/6

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 (3/6) Index : Yes/No Speaking order:Yes/No dm To 1.The Executive Engineer, Public Works Department (WRO), Dharmapuri-5.

2.The Deputy Director of Fisheries, Dharmapuri - 636 701.

3.The Assistant Director of Fisheries, (Inland Fisheries), Krishnagiri.

4.FMR.3. Hosur Fishermen Co-Operative Society, Rep. by its Administrative Officer, Opp. To Meera Mahal, Hosur, Krishnagiri District.

5/6

S.SOUNTHAR, J.

dm 18.11.2024 (3/6) 6/6