Licence for fishing right can be granted for a period of five years only.

Heard Mr.S.N.Ravichandran, learned counsel appearing for the petitioners and Mr.M.S.Palanisamy, learned Additional Government Pleader, appearing for the second respondent in W.P.No.15741 of 2003, respondents 1 to 3 in W.P.No.17683 of 2003 and respondents 1, 3 and 4 in W.P.No.20758 of 2003.

2. These writ petitions are related to the grant of fishery rights in Karambakkam Rettai Eri Tank located in Karambakkam Panchayat, as per the Tamil Nadu Panchayats (Lease and Licencing of Fishery Rights in water sources vested and regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999, (hereinafter referred to as "the Rules"), notified by exercising the powers conferred under Section 242 of the Tamil Nadu Panchayat Act, 1994 and in supersession of the Tamil Nadu Lease and Licencing of Fishery Rights in Panchayats, Panchayat Union Rules, 1983, as per G.O.Ms.No.169, Rural Development (P3) dated 16.8.1999.

3. Admittedly, even though fishery rights were leased out to three persons, namely, Saravanan, Khadher Basha and Kalaiselvi by the Kanchipuram & Thiruvallur District Fish Growers Development Agency – the third respondent in W.P.No.15741/03 (hereinafter referred to as "the Agency"), by proceedings dated 11.10.1999, based on the representations of the said persons even dated 1.2.2000, the license granted in their favour was cancelled by the said Agency in their proceedings dated 18.2.2000 and thereafter, by proceedings dated 13.3.2000 of the said Agency, fishery right in the said tanks was leased out to the petitioners herein, namely, K.Chandru, P.L.Gopalakrishnan and K.Geetha for a period of nine years under the terms and conditions mentioned in the said proceedings dated 13.3.2000. Therefore, it is not in dispute that on the date of grant of license in favour of the petitioners by proceedings dated 13.3.2000 by the said Agency, the Govt. Order in G.O.Ms.No.169, Rural Development dated 16.8.1999 is very much in force and the grant of license of fishery right in favour of the petitioners is governed under the provisions of the said Rules. Therefore, the conditions of the license mentioned in the proceedings dated 13.3.2000, are binding on the petitioners and if the licensee fails to conform to any of the conditions prescribed in the proceedings dated 13.3.2000, the Executive Officer of the Village Panchayat/Commissioner of Panchayat Union/Fishery Agency/Collector may cancel the license, of course, after giving due opportunity to the licensee.

4. For the purpose of disposal of the above writ petitions, it is relevant to refer Rule 11 of the said Rules, which reads as follows:

"Lease of Fishery rights:- The lease of fishery rights in the water sources vested in the village panchayats or the panchayat union council shall be given after conducting public auction by the respective village panchayats or panchayat union council, as the case may be. Such lease shall be for a period of five years. Lease amount shall be raised every year at the rate of 10 per cent over the lease amount of the previous year."

5. As per Rule 11 of the said Rules, the license of fishery right shall only be given for a period of five years. As the petitioners herein were given licence for more than five years, placing reliance on Rule 11 of the said Rules, the first respondent in W.P.No.15741 of 2003 – The President, Karambakkam Village Panchayat, by proceedings dated 4.2.2003, proposed to grant license in favour of one Hanifa, the fourth respondent in W.P.No.15741/2003. Aggrieved by the same, the petitioners filed Writ Petition No.15741 of 2003 seeking a writ of Certiorari to call for the records connected with the impugned resolution of the first respondent in Se.Mu/60/2001-2002/Ka.Ue/dated 4.2.2002 and consequential resolution of the first respondent in Na.Ka.No.1/Ka.Mu.Ue/2002-2003 dated 4.2.2003 and quash the same. The said writ petition was admitted by this Court on 28.5.2003 and an order of interim stay was granted in WPMP.No.19784 of 2003 o