T.Munichandran v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.T.Munichandran 2.Chandrakala 3.Narasimahan 4.Sivanandham 5.Venkatesappa 6.Narashimaraja 7.Venkatalamshmi 8.Gopal 9.Arumugam 10.Murugesh 11.Muniraj 12.Mani ... Petitioners vs.
1.The Executive Engineer, Water Resources Department (PWD), Dharmapuri.
2.The Deputy Director of Fisheries, Dharmapuri - 636 701.
3.The Assistant Director of Fisheries, Fisheries Department, Krishnagiri.
4.FDR.1, Soodapuram Inland Fishermen, Co-operative Society Limited, Rep. by Special Officer, No.1/166, Talarpettai, Bagalur, Hosur, Krishnagiri District - 635 103.
... 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 1 to 3 to consider the representation of the petitioners dated 26.11.2024 and grant lease of fishing rights in Pannapalli Lake and Thalavai Lake at Bagalur, Hosur Taluk, Krishnagiri District, in favour of the 4th respondent Co.op Society for the period of 5 years from 2024-2029 by applying G.O.Ms.No.332 Animal Husbandry and Fisheries Department dated 17.11.1993 and order of this Court dated 21.06.2023 made in W.P.No.6819 of 2023 etc., batch cases, within the time frame fixed by this Court. For Petitioners : Mr.S.Senthilnathan 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 26.11.2024 seeking lease of fishing rights in the Pannapalli Lake and Thalavai Lake at Bagalur, Hosur Taluk, 2/6
Krishnagiri District in favour of the 4th respondent-Society for a period of 2024-2029 by applying Government Order in G.O.M.S.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 4th 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 are poor fishermen and there is no other income to lead their livelihood. The Pannapalli and Thalavai Lakes are under the control of the 1st respondent. Previously, the fishery rights in the above mentioned lake was leased out in favour of the 4th respondent-Society.
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 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 3/6
submitted a representation before the respondents on 26.11.2024 seeking lease of fishing rights and the same has not been considered till date. Hence, the petitioners have 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 26.11.2024 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 26.11.2024 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 4/6
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.
02.01.2025 Index : Yes/No Speaking order:Yes/No ub To 1.The Executive Engineer, Public Works Department (WRO), Dharmapuri.
2.The Deputy Director of Fisheries, Dharmapuri - 636 701. 3.The Assistant Director of Fisheries, (Inland Fisheries), Krishnagiri.
4.Administrative Officer, FMR.1, Kaveripattinam Paruvatha Rajakula Fishermen Co-Operative Society, Krishnagiri Dam, Krishnagiri District.
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S.SOUNTHAR, J.
ub 02.01.2025 6/6