Madras High Court
R.Govindasamy vs Sathish on 7 March, 2022
W.A.No.37 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2022
Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
---
W.A.No.37 of 2022
and
C.M.P.Nos.452 and 2772 of 2022
---
1. R.Govindasamy
2. R.Moorthy .. Appellants
Vs.
1. Sathish
2. The Director of Fisheries,
Fisheries Department,
Saidapet, Chennai-15.
3. The Deputy Director of Fisheries,
O/o The Deputy Director of Fisheries (Zonal),
Opp. to District Collectorate,
Dharmapuri.
4. The Assistant Director of Fisheries,
Inland Fisheries, Krishnagiri.
5. The Secretary,
Public Works Department,
Government of Tamil Nadu,
Namakkal Kavignar Maaligai,
Secretariat, Chennai-600 009.
6. The Secretary,
Municipal Administration and Water Supply Department,
Page No.1/6
https://www.mhc.tn.gov.in/judis
W.A.No.37 of 2022
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
7. The District Collector, Krishnagiri District.
8. The Executive Engineer,
PWD, Water Resource Organisation,
Melpennayaru Basin Zone,
Dharmapuri-5.
9. The Thasildhar, Pochampalli,
Krishnagiri District.
10. The President,
Kaveripattinam Parvadha Rajakulam
Fisherman Cooperative Society,
Krishnagiri District. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order
dated 26.10.2021 passed by the learned Single Judge in W.P.No.23141 of 2021
on the file of this Court.
For appellant : Mr.S.Kamadevan
For respondents : Mr.P.Paramasivadoss for R-1
Mr.P.Muthukumar, State Govt. Pleader for RR-2 to 9
Mr.M.S.Palanisamy for R-10
JUDGMENT
(The Judgment of the Court was delivered by The Hon'ble Chief Justice)
By this Writ Appeal, challenge is made to the order dated 26.10.2021
passed by the learned Single Judge in disposing of the Writ Petition with certain
Page No.2/6
https://www.mhc.tn.gov.in/judis
W.A.No.37 of 2022
directions. It is precisely on the ground that without hearing the appellants, an
adverse order has been passed regarding the fishing rights given by the Society
in their favour, after holding the open auction among the members of the fishing
Society. This Court had passed an order on 21.01.2022 for consideration of the
case. It is precisely to remand the case for providing opportunity of hearing to
the appellants. The Society has assigned the right of fishing to the appellants in
the month of June 2021, but was not even challenged.
2. The Fisheries Department granted lease for fishing right in favour of the
Society somewhere in the year 2015. The Society auctioned the rights among
the members after publication in the newspaper and therein the appellants
remained successful. The challenge to it was made by making a representation
to the Fisheries Department, which passed the order. The Writ Petition was filed
to grant fishing right in favour of the members of the Society.
3. After hearing the parties at length, a settlement has been arrived at
between them to hold fresh auction of the fishing rights. The auction would be
conducted after notifying it in the newspaper to invite the members of the
Society for auction. In the auction, whoever remains successful, would be having
the fishing right and thereby, the members individually or in group, may
Page No.3/6
https://www.mhc.tn.gov.in/judis
W.A.No.37 of 2022
participate in the auction to be conducted by the Society in the presence of the
Officer of the Fisheries Department to see impartial auction. Whatever the
auction price is received, if any amount remains payable to the appellants out of
the present rights assigned to them or to others, the amount aforesaid would be
refunded and the remaining amount would be used by the Society for the
welfare of their members. The successful bidder would carry on the work of
fishing for a period notified in the auction.
4. With the aforesaid directions, the impugned order of the learned Single
Judge is modified, rather, now parties would be governed by the order passed
in this appeal.
5. The Writ Appeal is disposed of in the above terms. No costs.
Consequently, C.M.Ps .are closed.
(M.N.B., CJ) (D.B.C.J)
07.03.2022
Index: Yes/no
Speaking Order: Yes/no
cs
Page No.4/6
https://www.mhc.tn.gov.in/judis
W.A.No.37 of 2022
To
1. The Director of Fisheries,
Fisheries Department,
Saidapet, Chennai-15.
2. The Deputy Director of Fisheries,
O/o The Deputy Director of Fisheries (Zonal),
Opp. to District Collectorate,
Dharmapuri.
3. The Assistant Director of Fisheries,
Inland Fisheries,
Krishnagiri.
4. The Secretary,
Public Works Department,
Government of Tamil Nadu,
Namakkal Kavignar Maaligai,
Secretariat, Chennai-600 009.
5. The Secretary,
Municipal Administration and Water Supply Department,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
6. The District Collector,
Krishnagiri District.
7. The Executive Engineer,
PWD, Water Resource Organisation,
Melpennayaru Basin Zone,
Dharmapuri-5.
8. The Thasildhar,
Pochampalli,
Krishnagiri District.
Page No.5/6
https://www.mhc.tn.gov.in/judis
W.A.No.37 of 2022
THE HONOURABLE CHIEF JUSTICE
and
D.BHARATHA CHAKRAVARTHY, J
cs
W.A.No.37 of 2022
07.03.2022
Page No.6/6
https://www.mhc.tn.gov.in/judis
