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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.Arul Murugan, J.
Rangasamy, S/o Ragasamy and ors. - Petitioners
Versus
The Commissioner Of Fisheries, Fisheries And Fishermen Welfare and ors. - Respondents
WP No. 17295 of 2025
Decided On : 08-05-2025
| Table of Content |
|---|
| 1. petitioner's request for lease extension. (Para 1) |
| 2. details of the lease agreement and circumstances. (Para 2 , 3) |
| 3. court's directive to consider the representation. (Para 4) |
| 4. disposition of the writ petition. (Para 5) |
ORDER :
G.ARUL MURUGAN, J.
The Writ Petition on hand has been instituted seeking for a direction to the respondent to consider the representation of the petitioners dated 22.04.2025 and to grant extension of lease of Barur Big Tank, barur, Pochampalli Taluk which was granted as per the orders of the 5th Respondent dated 09.07.2020 for further period of six months from 08.07.2025 to the 7th respondent society by applying the Government order in G.Ms. No 05 Animal Husbandry, dairying and Fisheries Department dated 30.01.2025.
2. It is the case of the petitioner that the 7th respondent Society was granted with lease of fishing rights for the Barur Big Tank, Barur, Pochampalli Taluk on 29.01.2020 for a period of 5 years. The said lease expires on 08.07.2025.
3. It is the submission of the petitioner that they are the members of the 7th respondent Society and in view of the ensuing cyclone and other natural calamities, they are not able to continue their fishing rights. Therefore, the petitioner seeks extension of time.
4. Without going into the merits of the case and considering the facts and circumstances, the 5th respondent is directed to consider the representation of the petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, stand closed.
Writ petitions can prompt administrative bodies to consider representations and take action within a specified time frame, especially under changing circumstances affecting the petitioners' rights.
Extension of lease rights may be granted under extraordinary circumstances despite lack of legal entitlement, especially due to unforeseen natural disasters impacting livelihoods.
A delay in the lease handover and COVID-19 impact were considered in assessing lease extension rights, but drought claims were rejected.
Partial district drought notification insufficient for full lease extension; equitable relief limited by third-party rights.
Point of Law : Decision of the administrative authority vested with the discretionary power under a statute must have to be within the four corners of the law.
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