A delay in the lease handover and COVID-19 impact were considered in assessing lease extension rights, but drought claims were rejected.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)Nos.26755 and 26756 of 2025 G.Devaraj ... Petitioner Vs.

1. The Executive Engineer, Water Resource Organization/

Public Works Department, Mel Vaippar Basin Division, Rajapalayam - 626 117, Virudhunagar District.

2. The Assistant Executive Engineer, Water Resource Organization/

Public Works Department, Mel Vaippar Basin Sub-Division, Rajapalayam - 626 117, Virudhunagar District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order passed by the first respondent in Letter No.Thal/Ko.181(723)/2025 dated 14.08.2025 and quash the same and consequently direct the respondents to extend the fishery rights lease for further period of two years in accordance with G.O.(Ms)No.201, Animal Husbandry and Fisheries (FS-IV) Department, dated 19.10.2017, in respect of Karungulam Tank, Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.P.Thambidurai Government Advocate ORDER The Writ Petition is filed challenging the impugned order dated

14.08.2025 and quash the same and consequently directing the respondents to extend the fishery rights for a further period of two years in accordance with G.O.(MS)No.201 Animal Husbandary and Fisheries (FS-IV) Department dated 19.10.2017, in respect of Karungulam Tank, Rajapalayam Taluk, Virudhunagar District.

2. In this writ petition, after hearing both sides, this Court had dictated an order in open Court. However, before the same could be transcribed and uploaded in the website, on the very same day, the learned Government Advocate appearing for the respondents submitted that certain facts were not brought on record. Since the order had not been finalised by this Court, the matter was posted under the caption “For Being Mentioned”. Thereafter, both sides argued the matter in detail and the present order is being passed.

3. I have heard the learned counsel for the petitioner.

4. The case of the petitioner is that Karungulam Tank is situated in Rajapalayam Taluk, Virudhunagar District. The said Tank was to be auctioned for the period from 2020 to 2025. However, in view of the COVID-19 pandemic, the auction could take place only in January 2021. On 12.01.2021, the auction proceedings were completed and upon the petitioner being the successful bidder, possession of the Tank was handed over to him on the same day. However, the lease period was reckoned from 01.07.2020 upto 30.06.2025 and the lease rent was also collected from the petitioner by calculating it from 01.07.2020. Therefore, according to the petitioner, since he was deprived of the opportunity to harvest fish for about seven months, the same should be compensated.

5. The second contention of the learned counsel for the petitioner is that during the lease period, the year 2020 was declared as a drought year and Virudhunagar District was declared as a drought affected area. Similarly, for another year 2023 also, Virudhunagar District was declared as a drought affected area. In view of the same, by virtue of G.O.(Ms)No.201, Animal Husbandry and Fisheries (FS-IV) Department, dated 19.10.2017, which frames the scheme governing such leases, if any year is declared as a drought year by the Government and the lease amount has been paid by the lessee, the lease period has to be suitably extended. Therefore, according to the petitioner,