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2026 Supreme(Online)(Mad) 16392

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
AISHWARYA – Appellant
Versus
THE GOVERNMENT OF TAMILNADU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 28.01.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 560 of 2025 &

W.M.P.No.678 of 2025 Aishwarya ...Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by Additional Chief Secretary to Government, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (FS6) Department Fort St George, Chennai - 600 009. 2. The Commissioner of Fisheries, Nandanam, Chennai - 600 035.

3.The District Collector, Krishnagiri.

4.The Commissioner, Hosur Corporation, Krishnagiri District.

5.FMR 3 Hosur Meenavar Co-operative Society ltd., Rep. by its Special Officer, 60/76, Nesavalar Street, Hosur, Krishnagiri District - 635 109. ...Respondents (The Assistant Director of Fisheries, Fisheries Department, Krishnagiri and the Inspector of Fisheries, Fisheries Department, Hosur. Krishnagiri District, who were earlier arrayed as R5 and R6 were deleted from array of parties vide order dated 07.01.2026)

(R5 impleaded vide order dated 07.01.2026 made in WMP.6492/2025 IN WP.560/2025)

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the production of the order dated 24.12.2024 made in Na.Ka.No. 3591 / 2022 / A3, passed by the 4th respondent herein, quash the same and direct the respondents to grant lease of fishing rights in respect of Alapalli Maiyalravanan Eri, Sennathur Devan Eri and Hosur (Nagaram) Ramanaicken Eri, to FMR 3 Hosur Meenavar Co-operative Society Ltd., Hosur, Krishnagiri District, in compliance with the order dated 21.06.2023 made in W.P.No.6819 of 2023 and batch cases., and confirmed in W.A.No.152 of 2024 by order dated 18.01.2024.

For Petitioner : Mr. S.Senthilnathan For Respondents : Ms. R.L.Karthika

1 to 3 Government Advocate For Respondent 4: Mr. T.Balaji

O R D E R

This writ petition is filed for the following relief:

“To call for the production of the order dated

24.12.2024 made in Na.Ka.No. 3591 / 2022 / A3, passed by the 4th respondent herein, quash the same and direct the respondents to grant lease of fishing rights in respect of Alapalli Maiyalravanan Eri, Sennathur Devan Eri and Hosur (Nagaram) Ramanaicken Eri, to FMR 3 Hosur Meenavar Co-operative Society Ltd., Hosur, Krishnagiri District, in compliance with the order dated 21.06.2023 made in W.P.No.6819 of 2023 and batch cases., and confirmed in W.A.No.152 of 2024 by order dated

18.01.2024.”

2. It is the case of the petitioner that the respondents are bringing the lakes for auction in total violation of the orders passed by this Court on 21.06.2023 in WP.No.6819 of 2023 etc., batch. The petitioner would submit that as per GO.No.332 dated 17.11.1993, it was made clear that while granting lease of fishing rights care should be given to award rights to Co-operative Societies comprised of fishermen or harijans engaged in fishing and only in the absence of the above granting of fishery rights could be resorted.

3. The petitioner would further submit that this has been considered by this Court in a batch of cases in WP.No.6819 of 2023 etc, where the learned Judge placing reliance on the aforesaid GO, had passed the following order:

“(i)The Co-operative Societies composed of fishermen or of Harijans engaged in fishing should first be given an opportunity of taking the fishery on lease for a reasonable rental fixed by the Collector of the District or the authority concerned.

(ii)If the cooperative society is not prepared to take the lease for the amount offered, opportunity should be given to the Panchayat working in the area to take the lease on the same amount. If there are more than one co- operative society in a particular area relatable to fishing, then public auction shall be conducted in the manner indicated in paragraph 2 of RSO 211 by fixing the upset price.

(iii)If neither the cooperative society nor the Panchayat is willing to take the lease, the fishery should be disposed of by public auction in the manner indicated in paragraph 2 of RSO 211.

(iv)Th

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