V.Ganesan vs The Government Of Tamilnadu
2025 Latest Caselaw 8526 Mad

Citation : 2025 Latest Caselaw 8526 Mad
Judgement Date : 12 November, 2025

Madras High Court

V.Ganesan vs The Government Of Tamilnadu on 12 November, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                       WP No. 43656 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 12-11-2025

                                                         CORAM

                                  THE HONOURABLE MR JUSTICE M.DHANDAPANI

                                             WP No. 43656 of 2025
                                        & WMP NO. 48760 & 48762 OF 2025

                V.Ganesan
                Member, FMR 26,
                Gengavalli Inland Fishermen Co Operative Society
                No 14/84, Kadmbur Road, Meenavar Street,
                Gengavalli, Gengavlli Taluk,
                Salem District 636 105.

                                                                                       Petitioner(s)
                                                              Vs
                1. The Government Of Tamilnadu
                Rep. By Its Secretary,
                Government Of Tamil Nadu,
                Water Resources Department,
                Fort St George, Chennai 600 009.

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

                3.The District Collector,
                Salem District.

                4.The Executive Engineer
                Public Works Department (WRD)
                Sarabanga Vadinila Kottam, Salem.



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                                                                                           WP No. 43656 of 2025



                5.The Assistant Engineer
                Water Development Department
                Irrigation Division,
                Thammampatti, Salem District

                6.The Assistant Director of Fisheries
                Mettur Dam, Salme District.

                                                                                           Respondent(s)

                PRAYER; This writ petition is filed under Article 226 of Constitution of India,
                to issue a Writ of Certiorarified Mandamus, Calling for the production of
                records of relating to the order dated 04.11.2025 made in Ka. No. Ko 15A /
                U.Po (tha) / 2025 passed by the 5th respondent herein, quash the same and
                direct the respondents to grant lease of fishing rights in respect of
                Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland Fishermen Co. Operative
                Society, Gengavalli Taluk, Salem, District, for a period of 5 in compliance with
                the order dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases, and
                confirmed in W.A. no 152 of 2024 by order dated 18.01.2024.

                                  For Petitioner(s):       Mr.S.Shanmugasundaram
                                  For Respondent:          Mrs.S.Anitha, SGP

                                                             ORDER

This petition has been filed seeking to quash the order dated 04.11.2025

made in Ka. No. Ko 15A / U.Po (tha) / 2025 passed by the 5th respondent

herein and direct the respondents to grant lease of fishing rights in respect of

Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland Fishermen Co. Operative

Society, Gengavalli Taluk, Salem, District, for a period of 5 in compliance with

the order dated 21.06.2023 made in W.p. No 6819 of 2023 and batch cases, and

confirmed in W.A. no 152 of 2024 by order dated 18.01.2024.

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2. It is the case of the petitioner that the petitioner society is registered

under Tamil Nadu Cooperative Societies Act. The Government of Tamilnadu,

Animal Husbandry and Fisheries Department issued a government order in

GO.Ms.No.332 dated 17.11.1993 directing the authorities to give first priority in

fishing rights to fishermen society and auctioning of fishing rights should be

restored to only if no cooperative society of fishermen is not wiiling to take up

the lease. The above GO has been followed till date. This Court dated

21.06.2023 made in WP.No.6819 of 2023 etc., batch cases directed the

respondents to give lease of fishing rights to the petitioner society. The same has

been confirmed by the Division Bench also. Without considering the same, the

5th respondent passed the impugned notification dated 04.11.2025 bringing

public auction of the lease of fishing rights. Challenging the said notification,

the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner submitted that the impugned

notification has been published contrary to the order passed by this Court in

WP.No.6819/2023 etc., Batch wherein this Court has clearly held that the

cooperative societies composed of fishermen or of Harijans engaged in fishing

should first be given an opportunity of taking the fishery on lease for a

reasonable rental fixed by the Collector of the District or the authority

concerned. Contrary to the said order, the 5th respondent has issued notification

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2025 04:41:05 pm )

for conducting public auction, which is not sustainable. Hence, this Court may

quash the said notification and direct the respondents to grant lease of fishing

rights in respect of Valasakkalpatti Lake, to FMR - 26 Gengavalli Inland

Fishermen Co. Operative Society, Gengavalli Taluk, Salem, District, for a

period of 5 years in compliance with the order dated 21.06.2023 made in W.p.

No 6819 of 2023 and batch cases, and confirmed in W.A. no 152 of 2024 by

order dated 18.01.2024.

4. In response, the learned Special Government Pleader appearing for the

respondents fairly submitted that it is only a public auction notification. If the

petitioner is willing to participate in the said auction, the respondents will comply

the order passed by this Court dated 21.06.2023 made in W.p. No 6819 of 2023

and batch cases.

5. Heard the learned counsel for both side and perused the materials

available on record.

6. In view of the fair submission made by the learned Special Government th Pleader, Court this court directs the 5 respondent to consider the petitioners

application and pass appropriate orders strictly in terms of the order dated

21.06.2023 made in W.P. No 6819 of 2023 and batch cases, which was confirmed

the judgment in WA. No.152/2024 dated 18.01.2024 by the Hon'ble Division

Bench of this Court.

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7. With the above directions, the writ petition is disposed of.

Consequently, connected miscellaneous petitions are closed. No costs.

12-11-2025 rli Note: Issue order copy on 13.11.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

1. The Secretary, Government Of Tamil Nadu, Water Resources Department, Fort St George, Chennai 600 009

2.The Commissioner of Fisheries Nandanam, Chennai 600 035

3.The District Collector, Salem District.

4.The Executive Engineer Public Works Department (WRD) Sarabanga Vadinila Kottam, Salem.