Cooperative societies have the liberty to participate in public auctions for securing fishing rights in water bodies categorized by the government.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned auction notice issued by the fourth respondent in his proceedings Na.Ka.No.10/2016 dated 08.06.2016 in respect of Kullampatti Eri, within Arasiramani Town Panchayat Salem District and quash the same and direct the respondents to grant the fishing right to the petitioner-Society with respect to the fishing rights in the 3 tanks namely Kulampatti Eri, Ponnusamuthiram Eri, Nachampatti Eri situate in Arasiramani Gramam, Mettur East Canal Division, Salem District by giving first preference as a lease amount to be fixed by the first and second respondent in accordance with Revenue Board Standing Order 211 and G.O.332, Animal Husbandry and Fisheries Department, dated 17.11.1993 from the year 2016-2017 (i.e., from 01.07.2016).

1. The auction notice dated 08.06.2016 issued by the fourth respondent-Executive Officer, Salem District is under challenge in the present writ petition.

2. The petitioner-Chettypetty Fishermen Cooperative Society is a Society registered under the provisions of the Tamil Nadu Cooperative Societies Act.

3. The learned counsel for the petitioner states that fishing rights with respect to the Tanks vested in the Public Works Department are governed by the Board Standing Order 211 and G.O.Ms.No.332, Animal Husbandry Fisheries Department, dated 17.11.1993.

4. As far as the Tanks, which are vested in the Municipalities and the Panchayats concerned, the disposal of fishing rights are governed by the Rules framed under the Municipalities Act and Panchayats Act respectively.

5. The grievance of the writ petitioner is that an auction notice was issued on 08.06.2016. However, the cause aroused for filing of the present writ petition based on the auction notice became irrelevant on account of efflux of time, since the period of fishing rights to be awarded pursuant to the impugned auction notice also expired.

6. The policy underwent changes and the Government has to conduct auction in respect of grant of fishing rights across the State of Tamil Nadu in Eri, Pond etc., Water Bodies are categorised by the Government and accordingly, decisions are taken to grant fishing rights through public auction with a view to protect the Government Revenue.

7. This being the factum, the petitioner, being the Cooperative Society, has to apply whenever a Notification has been issued by the Competent Authorities for grant of fishing rights in accordance with the procedures contemplated.

8. The learned Additional Advocate General, appearing on behalf of the respondents, made a submission that the Water Tanks are now categorised by the Government and accordingly, decisions are taken for granting fishing rights.

9. Thus the petitioner is at liberty to participate in the public auction, if any, notified for the purpose of securing fishing rights in the manner known to law.

10. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.