Madras High CourtWP/45435/2025disposed of with direction

K.Neelagandan v. The Government Of Tamilnadu

2025-11-25Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

1. K.Neelagandan Member P.E. 4 - Sirumugai Fishermen Co- Operative Society Ltd. Sirumugai Village, Coimbatore District.

2.K.Ramasamy Member P.E. 4 - Sirumugai Fishermen Co- Operative Society Ltd. Sirumugai Village, Coimbatore District.

3.S.Amsaveni Member P.E - 4, Sirumugai Fishermen Co- Operative Society Ltd. Sirumugai Village, Coimbatore District.

Petitioner(s) Vs

1. The Government Of Tamilnadu Rep by Secretary to Government, Water Resources Department, Fort St.George, Chennai - 600 009.

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

3.The General Manager, Tamilnadu Fisheries Development Corporation (TNFDC), Chennai-600 035.

4.The District Collector Erode.

5.The Deputy Director, Fisheries Department, Bhavani Sagar.

6.The Assistant Director of Fisheries Erode.

7.The Executive Engineer Water Resources Department(WRD), Bhavanisagar Dam Division, Bhavanisagar, Erode District - 638 451 8.The Special Officer P.E.4 - Sirumugai Fishermen Co-operative Society Ltd, Sirumugai Village, Coimbatore District 9.M.Subramanian Management Committee Member, P.E.4- Sirumugai Fishermen Co- Operative Society Ltd. & F(PL) 10 , Bhavanisagar Fishermen Co.Op Society Ltd., No. 22 Anna Nagar Bhavanisagar Erode District 10.Nandagopalan Management Committee Member, P.E.4- Sirumugai Fishermen CoOperative Society Ltd. & F(PL) 10, Bhavanisagar Fishermen Co.Op Society Ltd., No. 22, Anna Nagar, Bhavanisagar, Erode District.

11.R.Murthy Management Committee Member, P.E.4- Sirumugai Fishermen CoOperative Society Ltd. & F(PL) 10 , Bhavanisagar Fishermen Co.op Society Ltd., No. 22 Anna Nagar Bhavanisagar Erode District.

Respondent(s)

PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 3 to 7 herein to consider the representation of the petitioners dated 06.10.2025 and 14.10.2025 and permit all the members of P.E.4 Sirumugai Fishermen Co-operative Society Ltd. , Sirumugai Village, Coimbatore district, to carry out fishing activity in Bhavani Sagar Dam, Erode district and to sell their share of fish on their own, without the intervention of the respondents 9 to 11 as per the terms of lease Agreement Deed executed by the 3rd respondent herein.

For Petitioner(s):

Mr.S.Shanmuga Sundaram For Respondent(s):

Mr.R.Kumaravel, Additional Government Pleader for R2 and R3 Mr.A.M.Ayyadurai, Government Advocate for RR4 to 7 Mr.P.Harish, Government Advocate for R8 Mr.Vikram Veerasamy for RR9 to 11

ORDER

This writ petition is filed for a direction to the respondents 3 to 7 herein to consider the representation of the petitioners dated 06.10.2025 and 14.10.2025 and permit all the members of P.E.4 Sirumugai Fishermen Co-operative Society Ltd. , Sirumugai Village, Coimbatore district, to carry out fishing activity in Bhavani Sagar Dam, Erode district and to sell their share of fish on their own, without the intervention of the respondents 9 to 11 as per the terms of lease Agreement Deed executed by the 3rd respondent herein.

2.The case of the petitioners is that the petitioners are the members of the Sirumugai Fishermen Co-operative Society Ltd., and in pursuance to the order dated 17.04.2025 made in W.P.No.13948 of 2025, the Tamilnadu Fisheries Development Corporation (TNFDC), Chennai, the third respondent herein passed orders granting lease of fishing rights in Bhavani Sagar Dam, Erode District in favour of the petitioner society and F(PL) 10, Bhavanisagar Fishermen Co.op Society Ltd., The respondents 9 to 11 herein calling themselves as Managing Committee Members are not allowing the petitioners and the other members of the society to carry on fishing activity and sell their share of fishes. The respondents 9 to 11 are acting contrary to the terms of the lease and are compelling to sell the catch of fish to them at a lower price. Hence, the petitioners made representation dated 06.10.2025 & 14.10.2025 to the respondents 3 to 7 to take action against the respondents 9 to 11, however, no action has been taken by the respondents till date. Hence, the present writ petition.

3.The learned counsel for the respondents 9 to 11 would submit that the respondents 9 to 11 are lessee with the third respondent and that the lease was granted in favour of the 9 to 11 respondents society after receipt of a sum of Rs.2.90 Crores and that the said amount was shared by 80 members out of 800 members of the society and that the petitioners have not paid any amount for entering into the lease with the third respondent and as per the lease, the

fishermen catching the fishes have to give 2/3rd of the fish catch to the respondents 9 to 11 and 1/3rd of the fish catch to the third respondent. Further, 2/3rd of the fish catch received by the respondents 9 to 11 will be sold in open market and the benefit will be shared by the 80 members, who have parted amount for obtaining the lease. Hence, he prayed that the present writ petition be dismissed.

4.Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available record. 5.In view of the facts and circumstances of the case, the third respondent is now required to consider the representation of the petitioners dated 06.10.2025 and 14.10.2025 and pass appropriate order, in accordance with law, after giving an opportunity of hearing to the petitioners and also the respondent 9 to 11, within a period of six (6) weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. 25-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes