[Cites 1, Cited by 0]
Madras High Court
G.Devaraj vs The Executive Engineer on 16 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.33854 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.03.2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.33854 of 2025
and
W.M.P.(MD)Nos.26755 and 26756 of 2025
G.Devaraj ... Petitioner
Vs.
1. The Executive Engineer,
Water Resource Organization/
Public Works Department,
Mel Vaippar Basin Division,
Rajapalayam - 626 117,
Virudhunagar District.
2. The Assistant Executive Engineer,
Water Resource Organization/
Public Works Department,
Mel Vaippar Basin Sub-Division,
Rajapalayam - 626 117,
Virudhunagar District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records in pursuant to the impugned order passed by the
first respondent in Letter No.Thal/Ko.181(723)/2025 dated 14.08.2025
and quash the same and consequently direct the respondents to extend
the fishery rights lease for further period of two years in accordance with
G.O.(Ms)No.201, Animal Husbandry and Fisheries (FS-IV) Department,
1/10
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W.P.(MD)No.33854 of 2025
dated 19.10.2017, in respect of Karungulam Tank, Rajapalayam Taluk,
Virudhunagar District.
For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.Veera.Kathiravan
Additional Advocate General
Assisted by Mr.P.Thambidurai
Government Advocate
ORDER
The Writ Petition is filed challenging the impugned order dated
14.08.2025 and quash the same and consequently directing the
respondents to extend the fishery rights for a further period of two years
in accordance with G.O.(MS)No.201 Animal Husbandary and Fisheries
(FS-IV) Department dated 19.10.2017, in respect of Karungulam Tank,
Rajapalayam Taluk, Virudhunagar District.
2. In this writ petition, after hearing both sides, this Court had
dictated an order in open Court. However, before the same could be
transcribed and uploaded in the website, on the very same day, the
learned Government Advocate appearing for the respondents submitted
that certain facts were not brought on record. Since the order had not
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been finalised by this Court, the matter was posted under the caption
“For Being Mentioned”. Thereafter, both sides argued the matter in detail
and the present order is being passed.
3. I have heard the learned counsel for the petitioner.
4. The case of the petitioner is that Karungulam Tank is situated
in Rajapalayam Taluk, Virudhunagar District. The said Tank was to be
auctioned for the period from 2020 to 2025. However, in view of the
COVID-19 pandemic, the auction could take place only in January 2021.
On 12.01.2021, the auction proceedings were completed and upon the
petitioner being the successful bidder, possession of the Tank was
handed over to him on the same day. However, the lease period was
reckoned from 01.07.2020 upto 30.06.2025 and the lease rent was also
collected from the petitioner by calculating it from 01.07.2020.
Therefore, according to the petitioner, since he was deprived of the
opportunity to harvest fish for about seven months, the same should be
compensated.
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5. The second contention of the learned counsel for the
petitioner is that during the lease period, the year 2020 was declared as a
drought year and Virudhunagar District was declared as a drought
affected area. Similarly, for another year 2023 also, Virudhunagar
District was declared as a drought affected area. In view of the same, by
virtue of G.O.(Ms)No.201, Animal Husbandry and Fisheries (FS-IV)
Department, dated 19.10.2017, which frames the scheme governing such
leases, if any year is declared as a drought year by the Government and
the lease amount has been paid by the lessee, the lease period has to be
suitably extended. Therefore, according to the petitioner, he would be
entitled to three benefits, namely, extension for two drought years and for
the non-exploited period resulting from the delay in conducting the
auction.
6. The learned counsel for the petitioner would further submit
that even after the petitioner was put in possession of the Tank, there was
once again a COVID-19 lockdown and for that period also, the petitioner
is entitled to extension.
7. The writ petition is resisted by the respondents. The learned
Additional Advocate General would submit that with reference to the
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belated handing over of the Tank, it is true that the petitioner was handed
over possession of the Tank after a delay of five months and twelve days.
However, it must be seen that, by way of compensation, even though the
petitioner's lease period ended on 30.06.2025, he has been continuing the
harvesting of fish and other activities in the Tank even as on date.
Therefore, when the petitioner's lease period ought to have come to an
end on 30.06.2025, he has now enjoyed the Tank for nearly eight
additional months and the ninth month is also partly over.
8. As far as the contentions relating to the drought period are
concerned, the learned Additional Advocate General would submit that
during those years, only certain parts of Virudhunagar District were
declared as drought affected areas. As far as Rajapalayam Taluk is
concerned, it was not affected by drought and it was not declared as such.
The Tank in question was full during the relevant period as usual.
Therefore, the petitioner cannot claim any benefit under G.O.(Ms)No.
201, Animal Husbandry and Fisheries (FS-IV) Department, dated
19.10.2017. In the absence of any benefit under the said Government
Order, the contractual clauses would apply and, as per the conditions
governing the present lease, no further extension can be granted.
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Therefore, the Government has now issued a notification for auctioning
the Tank on 02.04.2026.
9. I have considered the rival submissions made on either side
and perused the material records of the case.
10. As far as the stand taken in the counter affidavit that the
clauses in the tender notice would govern the parties is concerned, I am
of the view that, as rightly contended by the learned counsel for the
petitioner, when G.O.(Ms)No.201, Animal Husbandry and Fisheries (FS-
IV) Department, dated 19.10.2017 generally frames the regulations
governing the auction of fishing rights, the said Regulations will apply.
The relevant terms and conditions of the said Government Order read as
under:-
''(XV) During the lease period, if any one of the years
is declared as Drought Year by the Government and the lease
amount has been paid by the lessee for the particular year in
advance, then the lease period shall be extended by one year
without lease amount.''
11. In view thereof, the further question that arises for
consideration is whether the petitioner was affected by drought or not.
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12. In this regard, the Notification dated 12.07.2023 published in
the Tamil Nadu Government Gazette Extraordinary bearing No.267, Part
II, Section 1 has been placed before this Court. In the said Notification,
insofar as Virudhunagar District is concerned, only Narikudi and
Tiruchuli Taluks were notified as having agricultural drought of a
moderate nature. Therefore, it can be seen that the entire District was not
declared as a drought-affected District and the Tank in question is
situated in Rajapalayam Taluk. It is asserted by the respondents that the
Tank was full as usual and that even as on date, there is sufficient water
in the Tank and fishing activity is going on.
13. With reference to the year 2023, a counter affidavit has also
been filed, wherein it is stated that only 10 Blocks of Virudhunagar
District were declared as rainfall deficient, while excess rainfall was
recorded in 6 Blocks and large excess rainfall in 5 Blocks. As far as the
Rajapalayam Taluk is concerned, the same does not fall within the
deficient Blocks. Therefore, it cannot be said that the said area was
drought-affected even for the year 2023.
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14. In view of the above, I am of the view that the petitioner is
not entitled to extension on the ground that the area was drought-
affected. However, the learned counsel for the petitioner is right in
contending that for the period affected due to the delay in conducting the
auction, for which the lease amount had also been paid, and also for the
subsequent COVID-19 pandemic period, the petitioner may be entitled to
some extension.
15. Even considering the same, when there was a delay of 5
months and 12 days in handing over possession, it can be seen that the
petitioner is already in excess possession and enjoyment of the leasehold
rights for nearly eight months. Therefore, the petitioner is permitted to
exercise his fishing rights until 31.03.2026. The auction is scheduled to
be conducted on 02.04.2026. It will also be open to the petitioner to
participate in the said auction.
16. The Writ Petition is disposed of accordingly. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
Neutral Citation : No 16.03.2026
smn2
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To
1. The Executive Engineer,
Water Resource Organization /
Public Works Department,
Mel Vaippar Basin Division,
Rajapalayam - 626 117,
Virudhunagar District.
2. The Assistant Executive Engineer,
Water Resource Organization/
Public Works Department,
Mel Vaippar Basin Sub-Division,
Rajapalayam - 626 117,
Virudhunagar District.
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D.BHARATHA CHAKRAVARTHY, J.
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and
W.M.P.(MD)Nos.26755 and 26756 of 2025
16.03.2026
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