Jeeva v. The Secretary to Government

ORDER This writ petition has been filed seeking to issue a direction to the respondents to grant lease of fishing right in respect of Emapalli Eri to the above members of 7th Respondent society namely F.M.R. 13 Pallipalayam Avarangkadu Inland Fishermen Co-operative Society, Namakkal District for the period of 5 years (i.e 2025-2030) in accordance with Revenue standing order 211 and G.O. Ms. No 332, Animal Husbandry and fisheries (FS. IV) Department dated 17.11.1993.

¶2It is the case of the petitioners that they are the members of the 7th respondent Co-operative society and the 7th respondent society is having jurisdiction over 10 water bodies in the Namakkal District. However, the fishing rights were not allotted or leased to any of its members for the past four years which severely affects the very livelihood of the petitioners. In this regard the petitioners were given representation dated 20.11.2025 to all the respondents to grant fishing rights of Emapalli Eri from the year 2025 to 2030 as per Government Order in force. However, till date no orders were passed. Hence this writ petition.

¶3The learned counsel for the petitioners submitted that the representation made by them, dated 20.11.2025 may directed to be considered by the respondents in the light of the Revenue Board Standing Order 211, Fisheries (Volume IV), wherein the relevant paragraph is extracted hereunder:

¶2Disposal of fishery rights otherwise than by lease:- Disposal of fishery rights otherwise than by lease, i.e., by public auction, should be resorted to only if there are no co-operative societies composed of fishermen or of Harijans engaged in fishing or a panchayat in the locality and in cases where such co-operative society or the panchayat is not willing to take up the lease.

¶4The learned Government Advocate appearing for the respondents would submit that the representation of the petitioners, dated 20.11.2025, would be considered by the respondents on merits within a stipulated time to be fixed by this Court.

¶5In view of the same, this Court is of the view that when the petitioners are ready to take up the fishing rights, the respondents cannot reserve it to a public auction. Hence, the respondents are directed to consider the representation of the petitioners dated 20.11.2025, in the light of the Revenue Standing Orders 211 (Volume IV) Fisheries and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

¶6With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27-01-2026 vum Index:Yes/No Speaking/Non-speaking order To

1.The Secretary To Government Animal Husbandry, fisheries and fisherman Welfare Department, Fort St. George chennai 9

2.The Commissioner of fisheries and fisherman Welfare, Anna slaia, nandanam, Chennai 35

3.The Director Collector Namkkal Namakkal District 637 003

4.The Executive Engineer PWD. WRD Sarbanga basin Division S.K. Garden, Kondalampatti, Salem District

5.The Assistant director of fisheries, Mettur Dam, Salem -1

6.The Assistant Executive Engineer, PWD, Wrd Sarabanga Basin sub division Rasipuram 637 408

7.The Special officer F.M.R 13, Pallipalayam Avarangkadu Inland Fishermen Co-operative Society, Pallipalayam, Kumarapalayam Taluk, Namakkal District P.T.ASHA J. vum

27-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA WP No. 1648 of 2026 and WMP No.1701 of 2026 1. Jeeva 2. Buvanmathi 3. Valarmathi 4. Jaganathan 5. K.Shanmugam Petitioners Vs 1. The Secretary to Government Animal Husbandry, fisheries and fisherman Welfare Department, Fort St. George, Chennai 9. 2.The Commissioner of fisheries and fisherman Welfare, Anna Salai, Nandanam, Chennai 35 3.The Director Collector Namkkal, Namakkal District 637 003 4.The Executive Engineer PWD. WRD Sarbanga Basin Division S.K.Garden, Kondalampatti, Salem District. 5.The Assistant Director of fisheries, Mettur Dam, Salem -1 6.The Assistant Executive Engineer, PWD, WRD Sarabanga Basin sub division Rasipuram 637 408 7.The Special officer F.M.R 13, Pallipalayam Avarangkadu Inland Fishermen Co-operative Society, Pallipalayam, Kumarapalayam Taluk, Namakkal District. Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the respondents to grant lease of fishing right in respect of Emapalli Eri to the above members of 7th Respondent society namely F.M.R. 13 Pallipalayam Avarangkadu Inland Fishermen Co- operative Society, Namakkal District for the period of 5 years (i.e 2025- 2030) in accordance with Reveneue standing order 211 and G.O. Ms. No 332, Animal Husbandry and fisheries (FS. IV) Department dated 17.11.1993. For Petitioners: Mr.R.S.Anandan For Respondents: Ms.P.Aiswarya, Government Advocate