Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41872

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Ushadevi – Appellant
Versus
Deputy Director, Fisheries And Fishermen Welfare – Respondent
W.M.P.No.20572 of 2026

Advocates:
For the Appellants/Petitioners: V.Elangovan
For the Respondents: L.S.M.Hasan Fizal

The High Court may direct administrative authorities to consider and dispose of a pending representation within a fixed timeframe when a petitioner seeks legal redress for grievances, without the court expressing a definitive opinion on the merits of the underlying claim.

Headnote:The present case involves a plea under Article 226 of the Constitution of India, whereby members of a cooperative society sought a mandamus to compel authorities to consider their representation for an extension of fishing lease rights in a specific tank due to operational disruptions caused by adverse weather conditions such as monsoon failure and extreme rainfall. The court, without expressing any opinion on the merits, confined its inquiry to the administrative obligation of the respondents to address the pending representation within a specified timeframe. The core issue centers on whether the authorities are obligated to consider a representation for the extension of a fishing lease following a period of non-use due to natural calamities. The ration decidendi rests on the established judicial principle that where a request is made to an administrative body for the performance of a duty defined by law, the court may direct such authority to consider and dispose of the said request in accordance with law, ensuring procedural fairness and administrative accountability without preempting the final decision. The writ petition is disposed of with a direction to the respondents to consider the petitioners' representation dated 21.04.2026 and pass orders on merits within four weeks.

Table of Content
1. procedural compliance for filing joint writ petitions and nature of the grievance. (Para 1 , 2 , 3)
2. submission for extension of industrial/fishing lease due to environmental hardship. (Para 4 , 5)
3. court directive for administrative consideration of pending representations. (Para 6)

ORDER

W.M.P.No.20572 of 2026 filed seeking permission to the petitioners to join together and to file a single Writ Petition is ordered subject to payment of separate Court fee.

2. Seeking a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 21.04.2026 and to allot the lease right for fishing in the “Ambattan Kuttai” (Tank) situated at Vilangamudi Village, Kaveripattinam, Krishnagiri Taluk and District for the period of five years (2026-2027 to 2030-2031) to the fourth respondent society in which the petitioners are members in view of the fact that the petitioners could not carry the fishing activities in the lake for several months due to monsoon failure and heavy rain, this Writ Petition has been filed.

3. By consent, the Writ Petition itself is taken up for final disposal at the admission stage itself.

4. Heard Mr. V.Elangovan, learned counsel appearing for the petitioners and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader, who has taken notice on behalf of the respondents 1 to 3.

5. Learned counsel for the petitioners would submit that the petitioners were previously granted lease rights for fishing in “Ambattan Kuttai” (Tank). However, the fourth respondent Society could not exercise those rights due to monsoon failure and heavy rains in subsequent years. Therefore, the petitioners argued that the lease rights for fishing in “Ambattan Kuttai” (Tank) should be extended to them for a further period of five years. In this regard, the petitioners have also submitted a representation dated 21.04.2026 to the respondents 1 to 3. Since the same has not been considered, the present writ petition has been filed.

6. Considering the limited scope of the prayer made in this Writ Petition and taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioners' representation dated 21.04.2026 and pass orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

L.VICTORIA GOWRI, J.

gm/gpa With the above direction, the Writ Petition is disposed of. No costs.

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2026 Supreme(Online)(Mad) 41872

IN THE HIGH COURT OF JUDICATURE AT MADRASVictoria Gowri, JUshadevi – AppellantVersusDeputy Director, Fisheries And Fishermen Welfare – RespondentW.M.P.No.20572 of 2026

The High Court may direct administrative authorities to consider and dispose of a pending representation within a fixed timeframe when a petitioner seeks legal redress for grievances, without the court expressing a definitive opinion on the merits of the underlying claim.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Ushadevi – Appellant
Versus
Deputy Director, Fisheries And Fishermen Welfare – Respondent
W.M.P.No.20572 of 2026