Madras High Court
S.Sathyamoorthi vs The Executive Engineer (Wro) on 5 July, 2022
W.P.No.16879 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.16879 of 2022
and WMP No.16178 of 2022
1.S.Sathyamoorthi
2.Elaiyaraja
3.L.Kantha
4.P.Muniappan ... Petitioners
Versus
1. The Executive Engineer (WRO),
Public Works Department,
Upper Pennaiyar Basin Division,
Dharmapuri-5.
2. The Assistant Director of Fisheries,
Inland Fisheries,
Krishnagiri.
3. FMR.1, Kaveripattinam Paruvatharajakula
Fisherman Co-operative Society,
Rep by its President,
No.59/203, Agaram Road,
Kaveripattinam Post,
Krishnagiri District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue
Writ of Mandamus forbearing the respondents and their men or agent or anybody
claiming through them from interfering with the petitioners' lease hold rights of
fishing at Vilangamudi Jambu Eari, Krishnagiri District till completion of lease
period on 30th June 2023.
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W.P.No.16879 of 2022
For Petitioners : Mr.M.S.Palaniswamy
For Respondents : Mr.T.Seenivasan,
Spl.Govt.Pleader
For R.1 and R.2
Mr.C.Selvaraj
AGP
For R.3
ORDER
This writ petition has been filed for a Mandamus forbearing the respondents
from interfering with the petitioners' lease hold rights of fishing at Vilangamudi
Jambu Eari, Krishnagiri District till completion of lease period on 30th June 2023.
2. Heard the learned counsel for the petitioners and the learned Additional
Government Pleader appearing on behalf of the third respondent and the learned
Special Government Pleader appearing on behalf of the respondents 1 and 2. By
consent of both the parties, this writ petition has been taken up for final disposal at
the admission stage itself.
3. According to the petitioners, they have entered into a lease agreement on
18.04.2018 with the respondents and they were granted fishing rights at
Vilangamudi Jambu Eari, Krishnagiri District for a period of five years from June
2017 to 30.06.2023. According to the petitioners, the respondents, even before the
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W.P.No.16879 of 2022
expiry of the lease period, are now interfering with the petitioners' fishing rights
and in such circumstances, this writ petition has been filed.
4. A counter affidavit has been filed by the second respondent stating that
only pursuant to the direction given by the Division Bench of Madurai Bench of
Madras High Court in its order dated 03.02.2021 made in W.A.(MD)Nos.1251
and 923 of 2020, the respondents have decided to auction the fishing rights for the
subject lake. According to them, in the said decision, in order to get the best
market price, the respondents were directed to conduct auction in respect of fishing
rights for the lake by fixing an upset price. In the counter affidavit, the respondents
in paragraph No.7 have admitted that the petitioners were handed over the
possession of the subject lake only in June 2018.
5. Learned counsel for the petitioners reiterated the contentions raised in the
affidavit filed in support of the writ petition and the learned Special Government
Pleader also reiterated the contents of the counter affidavit filed by the second
respondent in their respective submissions.
6. Admittedly, the petitioners were granted lease in respect of fishing rights
at Vilangamudi Jambu Eari (lake), Krishnagiri District for a period of five years.
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W.P.No.16879 of 2022
They have also paid the lease rentals amounting to Rs.4,52,175/-(Rupees four
lakhs fifty two thousand one hundred seventy five only) in advance to the
respondents for a period of five years. Admittedly, the petitioners were in
possession of the lake for carrying out fishing activities, as seen from paragraph
No.7 of the counter affidavit filed by the second respondent, only in June 2018.
Therefore, the period of five years will come to an end only in June 2023.
However, based on the judgment of the Division Bench of Madurai Bench of
Madras High Court dated 03.02.2021 made in W.A.(MD)Nos.1251 and 923 of
2020, the respondents claim that they have to conduct auction for granting fishing
lease for the subject lake also by fixing an upset price. The operative portion of the
order dated 03.02.2021 passed in W.A.(MD)Nos.1251 and 923 of 2020 reads as
follows:-
“10. For the ensuing years, we call upon the
official respondents, including the Secretary to
Government, Fisheries Department to adopt a
different methodology as suggested by the
learned Single Judge, by fixing the upset price
and thereafter, call for tender. The highest
amount offered by the successful bidder will have
to be offered to the Bodi Fisherman Society. It is
better to follow this methodology in future in all
cases, as the Government would not lose the
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W.P.No.16879 of 2022
price is a starting point and the same will not be
the actual price that will fetch in an auction. It is
a price, which will facilitate somebody to take
part in the auction, being the minimum value of
the subject matter of the license.”
7. The aforesaid direction is only a general direction that in future, it is
advisable for the respondents to follow the aforementioned methodology referred to
in the above said order. The said order does not give right to the respondents to
terminate the lease when the lease is still in existence, as in the instant case, where
lease expires only in June 2023. The Division Bench in the aforesaid order has
only directed the respondents to call for tender for future lease and not to terminate
the existing leases where the period has not come to an end. In the instant case,
excepting for relying upon the decision rendered by the Division Bench of Madurai
Bench of Madras High Court dated 03.02.2021 passed in W.A.(MD)Nos.1251 and
923 of 2020, which is not applicable to the facts of this case, the respondents have
not raised any other ground for preventing the petitioners from continuing with the
lease which expires only in June 2023 (period of five years). The respondents have
also admitted in the counter affidavit as stated supra that the petitioners were put
in possession of the lake only in June 2018 and therefore, the petitioners are
entitled to have the benefit of the lease upto June 2023.
8. For the foregoing reasons, this Court is of the considered view that there
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W.P.No.16879 of 2022
is merit in the contentions raised by the petitioners in this writ petition and the writ
petition will have to be allowed as prayed for.
9. Accordingly, the writ petition is allowed by forbearing the respondents
from interfering with the petitioners lease hold rights of fishing at Vilangamudi
Jambu Eari, Krishnagiri District till completion of lease period on 30th June 2023.
10. Learned counsel for the petitioners, on instructions, would submit that
on expiry of the lease period i.e., on 30.06.2023, the petitioners shall not, at any
cost, seek for further extension.
No costs. Consequently, connected miscellaneous petition is closed.
05.07.2022
sr
Index: Yes/No
Speaking Order/Non-Speaking Order
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W.P.No.16879 of 2022
To
1. The Executive Engineer (WRO),
Public Works Department,
Upper Pennaiyar Basin Division,
Dharmapuri-5.
2. The Assistant Director of Fisheries,
Inland Fisheries,
Krishnagiri.
3. FMR.1, Kaveripattinam Paruvatharajakula
Fisherman Co-operative Society,
Rep by its President,
No.59/203, Agaram Road,
Kaveripattinam Post,
Krishnagiri District.
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W.P.No.16879 of 2022
ABDUL QUDDHOSE, J
sr
W.P.No.16879 of 2022
05.07.2022
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