P.Kalimuthu v. The Executive Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Kalimuthu .. Petitioner - Vs. - 1.The Executive Engineer, Water Resource Organization/Public Work Department, Mel Vaippar Basin Division, Rajapalayam-626 117, Virudhunagar District.
2.The Assistant Executive Engineer, Sankarankovil, 3.The Assistant Engineer, Sivagiri Section, 4.The Assistant Engineer, Sankarankovil Section, .. Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to accept renewal amount plus GST and fisher man welfare fund tax and extend fishing rights lease period to the petitioner for further period of four months in respect of Thenmalai Kanmai situated at Thenmalai Village, Sivagiri Taluk, Tenkasi District for enable the petitioner to catch the fishes on the basis of the petitioner's representation dated 18.04.2025. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.R.Parthiban Government Advocate
ORDER
The petitioner was the successful bidder of fishing rights in respect of Thenmalai Kanmai. The grievance of the petitioner is that the tank was not handed over until 30.06.2023. Though the tenure ended on 30.06.2025, the petitioner had suffered loss on account of the fact that the Kanmai was handed over belatedly and also due to the natural conditions. Therefore, the petitioner is now seeking further extension of the term, and it is the case of the petitioner that the petitioner is willing to deposit the proportionate bid amount along with the requisite number of percentage increases for the first three years. The same is not done. Therefore, the petitioner is before this Court. 2/6
2. When the matter came up for hearing, the learned Government Advocate, taking notice on behalf of the respondents, would contend that as per the Government Order, a successful bidder is not entitled to automatic renewal and the petitioner's tenure ended by 30.06.2025. Even if the petitioner complains about any delay, the petitioner is already in possession of one year more beyond his last date. Originally, an auction notification was issued on 05.03.2026, fixing the auction. However, in view of a stay granted to the Government Order in G.O.Ms.No.14 dated 13.02.2026 by the Principal Bench of this Court, the auction could not be proceeded with.
3. I have considered the rival submissions made on either side and perused the material records of the case.
4. As rightly contended on behalf of the respondents, once the tenure is over, the course open for the petitioner is only to participate in the auction. However, in the meanwhile, since it is now said that the Government Order itself is stayed and the auction has not taken place, keeping open the liberty of the petitioner to participate in the fresh auction notification, if any made, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 18.04.2025, with the limited scope of 3/6
continuing him till the auction proceedings are taken and concluded, so that the resource is not wasted under the revenue that is due to the government, which is also realised. Let the representation of the petitioner be considered by giving the opportunity of hearing to the petitioner, and orders in accordance with law be passed within a period of four weeks from the date of receipt of a web copy of the order. It is open for the petitioner to produce a copy of the representation along with the web copy of this order. No costs. 01.06.2026 NCC : No sji To 1.The Executive Engineer, Water Resource Organization/Public Work Department, Mel Vaippar Basin Division, Rajapalayam-626 117, Virudhunagar District.
2.The Assistant Executive Engineer, Sankarankovil, 3.The Assistant Engineer, 4/6
Sivagiri Section, 4.The Assistant Engineer, Sankarankovil Section, 5/6
D.BHARATHA CHAKRAVARTHY, J.
sji 01.06.2026 6/6