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Madras High CourtWP/43656/2025disposed of with direction

V.Ganesan v. The Government Of Tamilnadu

2025-11-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP NO. 48760 & 48762 OF 2025 V.Ganesan Member, FMR 26, Gengavalli Inland Fishermen Co Operative Society No 14/84, Kadmbur Road, Meenavar Street, Gengavalli, Gengavlli Taluk, Salem District 636 105.

Petitioner(s) Vs

1. The Government Of Tamilnadu Rep. By Its Secretary, Government Of Tamil Nadu, Water Resources Department, Fort St George, Chennai 600 009.

2.The Commissioner of Fisheries, Nandanam, Chennai 600 035.

3.The District Collector, Salem District.

4.The Executive Engineer Public Works Department (WRD) Sarabanga Vadinila Kottam, Salem.

5.The Assistant Engineer Water Development Department Irrigation Division, Thammampatti, Salem District 6.The Assistant Director of Fisheries Mettur Dam, Salme District.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, Calling for the production of records of relating to the order dated 04.11.2025 made in Ka. No. Ko 15A / U.Po (tha) / 2025 passed by the 5th respondent herein, quash the same and direct the respondents to grant lease of fishing rights in respect of Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland Fishermen Co. Operative Society, Gengavalli Taluk, Salem, District, for a period of 5 in compliance with the order dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases, and confirmed in W.A. no 152 of 2024 by order dated 18.01.2024. For Petitioner(s):

Mr.S.Shanmugasundaram For Respondent:

Mrs.S.Anitha, SGP

ORDER

This petition has been filed seeking to quash the order dated 04.11.2025 made in Ka. No. Ko 15A / U.Po (tha) / 2025 passed by the 5th respondent herein and direct the respondents to grant lease of fishing rights in respect of Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland Fishermen Co. Operative Society, Gengavalli Taluk, Salem, District, for a period of 5 in compliance with the order dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases, and confirmed in W.A. no 152 of 2024 by order dated 18.01.2024.

2. It is the case of the petitioner that the petitioner society is registered under Tamil Nadu Cooperative Societies Act. The Government of Tamilnadu, Animal Husbandry and Fisheries Department issued a government order in GO.Ms.No.332 dated 17.11.1993 directing the authorities to give first priority in fishing rights to fishermen society and auctioning of fishing rights should be restored to only if no cooperative society of fishermen is not wiiling to take up the lease. The above GO has been followed till date. This Court dated 21.06.2023 made in WP.No.6819 of 2023 etc., batch cases directed the respondents to give lease of fishing rights to the petitioner society. The same has been confirmed by the Division Bench also. Without considering the same, the th respondent passed the impugned notification dated 04.11.2025 bringing public auction of the lease of fishing rights. Challenging the said notification, the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner submitted that the impugned notification has been published contrary to the order passed by this Court in WP.No.6819/2023 etc., Batch wherein this Court has clearly held that 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. Contrary to the said order, the 5 th respondent has issued notification

for conducting public auction, which is not sustainable. Hence, this Court may quash the said notification and direct the respondents to grant lease of fishing rights in respect of Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland Fishermen Co. Operative Society, Gengavalli Taluk, Salem, District, for a period of 5 years in compliance with the order dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases, and confirmed in W.A. no 152 of 2024 by order dated 18.01.2024.

4. In response, the learned Special Government Pleader appearing for the respondents fairly submitted that it is only a public auction notification. If the petitioner is willing to participate in the said auction, the respondents will comply the order passed by this Court dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases.

5. Heard the learned counsel for both side and perused the materials available on record.

6. In view of the fair submission made by the learned Special Government Pleader, Court this court directs the 5 th respondent to consider the petitioners application and pass appropriate orders strictly in terms of the order dated 21.06.2023 made in W.P. No 6819 of 2023 and batch cases, which was confirmed the judgment in WA. No.152/2024 dated 18.01.2024 by the Hon'ble Division Bench of this Court.

7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 12-11-2025 rli Note: Issue order copy on 13.11.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Secretary, Government Of Tamil Nadu, Water Resources Department, Fort St George, Chennai 600 009 2.The Commissioner of Fisheries Nandanam, Chennai 600 035 3.The District Collector, Salem District.

4.The Executive Engineer Public Works Department (WRD) Sarabanga Vadinila Kottam, Salem.

5.The Assistant Engineer Water Development Department Irrigation Division, Thammampatti Salem District

M.DHANDAPANI J.

rli 6.The Assistant Director Of Fisheries Mettur Dam, Salem District 12.11.2025

12-11-2025