Extension of lease rights may be granted under extraordinary circumstances despite lack of legal entitlement, especially due to unforeseen natural disasters impacting livelihoods.

ORDER :

N.Anand Venkatesh, J.

This writ petition has been filed challenging the impugned proceedings of the fifth respondent dated 13.06.2025 and for a consequential direction to the respondents to grant extension of lease at Barur Big Tank, Barur, Pochampalli Taluk.

2. The case of the petitioners is that they are members of the seventh respondent co-operative society. The Barur Big Tank is under the control of the fisheries department. The tank was leased out to the seventh respondent society as per G.O.(Ms) No.15, dated 29.01.2020, for the period from 09.07.2020 to 08.07.2025. According to petitioners, due to fengal cyclone, there was large scale destruction due to flood waters breaching the Barur Big Tank and as a result, the entire fishes grown for five months were washed away. Hence, the petitioners were not able to carry out fishing activities and they suffered huge loss. Under such circumstances, the petitioners sought for extension of the lease period for a period of six months from 08.07.2025.

3. The fifth respondent, through the impugned proceedings dated 13.06.2025, rejected the claim made by the petitioners and aggrieved by the same, the present writ petition has been filed before this Court.

4. When the matter came up for hearing on 25.06.2025, this Court directed the learned Additional Government Pleader to take instructions and to file a status report before this Court. Accordingly, a status report was filed before this Court and the relevant portions are extracted hereunder:

"In Krishnagiri District, under the control of the Department of Fisheries and Fishermen Welfare, the fishing rights of Barur Periya Eri were leased out for five years (from 09.07.2020 to 08.07.2025) to F.M.R.1 Kaveripattinam Parvatharajakula Fishermen Cooperative Society, as per the proceedings issued by the Deputy Director, Fisheries and Fishermen Welfare Department (Regional), Dharmapuri dated: 09.07.2020.

As per the fishery lease agreement condition No:04 the Lessee should pay the lease amount to the Government two months prior to the beginning of each year in order to commence fishing activities for the next year. The lease amount of fifth year is Rs.2,53,69,633/- along with the Tamil Nadu Fishermen Welfare Board Contribution of Rs.17,75,875/-, has to be paid before commencement of the fifth year lease period on 08.07.2024 for continuing leasing of fishing rights. Whereas the fifth year lease amount was not paid to the Government by the Lessee/Petitioner on time.

However, on total lease amount of Rs.2,53,69,633/- a partial payment of Rs.1,30,00,000/- was made through members of the Fishermen Co-operative Society on 08.07.2024. Since the full amount was not paid in accordance with the agreement condition and to avoid revenue loss to the Government, the Commissioner of Fisheries, Chennai has issued directions to temporarily suspend fishing until full payment was made by the Lessee/Petitioner. Based on the direction, the Assistant Director of Fisheries, Krishnagiri has suspended the Barur Peria Eri fishing activities for 76 days, from 05.08.2024 to 19.10.2024.

In continuance of this, the members of the Fishermen Co-operative Society requested the Commissioner of Fisheries to grant extra time to pay the pending lease amount. Considering the welfare of the Co-operative society, the Commissioner of Fisheries, Chennai has permitted to continue the fishing rights from 10.10.2024 with the conditions of remaining lease amount of Rs.1,23,69,633/- and the Tamil Nadu Welfare Board contribution of Rs.17,75,874