2026 Supreme(Online)(Mad) 41300
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Azhagappan R – Appellant
Versus
The District Collector – Respondent
For the Appellants/Petitioners: Mr.B.Vinothkumar
For the Respondents:Mr.M.Lingadurai Special Government Pleader, Mr.K.Gnanasekaran Government Advocate (Criminal side)
If the grievance is addressed by government officials' submission, the writ petition can be disposed of without further directions.
Headnote:The petitioner filed a writ petition under Article 226 seeking a mandamus to direct the respondents to permit fish harvesting in Seerathakudi Kanmai and to deposit 50% of the revenue into the petitioner association's bank account as per G.O.(Ms)No.112. The court noted that the auction had been cancelled due to elections but was rescheduled to 06.05.2026. In view of the government's submission, the petitioner's grievance stands redressed. The main issue before the court was whether immediate directions were needed for conducting fish harvesting. The court accepted the respondents' assurance and directed them to conduct the auction with due publicity. The writ petition is disposed of. No costs are awarded.
| Table of Content |
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| 1. petitioner seeks mandamus for fish harvesting and revenue share per g.o. (Para 1 , 2) |
| 2. government assurance leads to disposal of petition. (Para 3 , 4 , 5) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2026 CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Azhagappan, S/o.A.Ramaiah, President, PAM-023, Seeratha Kanmai, Maanam Periyaan Kanmai and Nanga Kanmai Water Users Association, Seerathkudi Village, Thirumayam Taluk, Pudukottai District – 622 503. ... Petitioner -vs-
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The State of Tamil Nadu, Rep. by the Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.
4.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
5.The Executive Engineer, South Vellar Division Basin, Water Resource Department, Pudukkottai.
6.The Assistant Director of Fisheries, Pudukkottai District, Pudukkottai.
7.The Assistant Engineer, Water Resource Department, Thirumayam Sub Division Basin, South Vellar Division Basin, Pudukkottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to take necessary action by permitting the respondents 6 and 7 to engage in fish harvesting in the Seerathakudi Kanmai, situates at Seerathakudi Village, Thirumayam Taluk, Pudukkottai District with necessary police protection and further directing the respondents 5 and 7 to deposit 50% of revenue generated out of fish harvesting in the bank account maintained by the petitioner association in terms of G.O.
(Ms)No.112, Public Works (W2) Department, dated 22.05.2017.
For Petitioners : Mr.B.Vinothkumar For R1 & R5 to R7 : Mr.M.Lingadurai Special Government Pleader For R2 to R4 : Mr.K.Gnanasekaran Government Advocate (Criminal side)
ORDER
The writ petition has been filed seeking a Writ of Mandamus directing the respondents to take necessary action by permitting the respondents 6 and 7 to engage in fish harvesting in Seerathakudi Kanmai, situated at Seerathakudi Village, Thirumayam Taluk, Pudukottai District.
2. The grievance of the petitioner is that the petitioner Association is an Ayacutdars Association and is entitled to 50% of the revenue generated from fish harvest in the tank. It is submitted that in terms of G.O.(Ms)No.112, Public Works (W2) Department, dated 22.05.2017, the said amount is to be utilized for maintenance of irrigation channels. It is further submitted that for the current year, though the auction for fish harvest was initially notified, the same was subsequently cancelled on account of the election notification. The petitioner has approached this Court on the ground that the fish harvest should be conducted at the earliest, since the water level is depleting day by day and the fishes are dying, making it the appropriate time for harvesting.
3. When the matter came up for hearing, the learned Special Government Pleader, on written instructions, submitted that though the auction was earlier proposed to be conducted on 17.03.2026, the same was cancelled, however, it has now been rescheduled to 06.05.2026 and the auction will be conducted in accordance with law after due publicity.
4. In view of the said submission, the grievance of the petitioner stands redressed. The respondents are directed to proceed with the auction by giving due and proper publicity.
5. Accordingly, the writ petition stands disposed of. No costs.
29.04.2026 NCC : No smn2 To:-
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.
4.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
5.The Executive Engineer, South Vellar Division Basin, Water Resource Department, Pudukkottai.
6.The Assistant Director of Fisheries, Pudukkottai District,