1 W.P.(MD)NO.11834 OF 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P.(MD)No.11834 of 2021 and

W.M.P.(MD)Nos.9291 and 9292 of 2021

FMD-1 Vaigai Anai Inland

Fisherman Cooperative Society,

Rep. by its authorised representative,

P.Jayaraja,

Vaigaidam,

Varatharaja Nagar Post,

Periyakulam Taluk,

Theni District.

... Petitioner

Vs.

1. The Commissioner of Fisheries and

Fisherman Welfare,

Tamil Nadu Fisheries and

Fisherman Welfare Department,

Nandhanam,

Chennai – 600 035.

2. The Assistant Director of Fisheries,

Vaigai Reservoir,

Theni District.

... Respondents

Prayer: Writ petition filed under Article 226 of the

Constitution of India, to issue a Writ of Certiorarified

Mandamus, calling for the records relating to the impugned

notification issued by the first respondent in tender Ref.

No.23399/F3/2018-19 Vaigai dated 30.06.2021 and quash the

same as illegal and consequently direct the respondent to

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2 W.P.(MD)NO.11834 OF 2021

grant the lease for fishing in the Vaigai reservoir, Theni

District as per Revenue Standing Order 211, within the time

that may be stipulated by this Court.

For Petitioner

: Mr.M.Ajmalkhan,

Senior counsel,

for M/s.Ajmal Associates.

For Respondents: Mr.M.Lingadurai,

Special Government Pleader.

* * *

O R D E R

Heard the learned Senior counsel appearing for the

petitioner and the learned Special Government Pleader

appearing for the respondents.

2. The writ petitioner is an Inland-fishermen

cooperative society. The petitioner challenges the tender

notification issued by the first respondent. According to the

petitioner, the fishery rights should be given to the petitioner

and only if the petitioner is not willing to take the lease for the

consideration fixed by the department, then and then alone, it

can be leased out through public auction.

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3 W.P.(MD)NO.11834 OF 2021

3. The learned Senior counsel reiterated all the

contentions set out in the affidavit filed in support of the writ

petition and called upon this Court to set aside the impugned

notification and grant relief as prayed for.

4. The relief sought for cannot be granted in view of

the decision of the Hon'ble Division Bench rendered in

W.A.(MD)No.1251 of 2020 vide order dated 03.02.2021. The

Hon'ble Division Bench in the said decision had held as

follows:-

“10.For the ensuing years, we call

upon the official respondents, including the

Secretary

to

Government,

Fisheries

Department, to adopt a different methodology

as suggested by the learned Single Judge, by

fixing the upset price and thereafter, call for

tender. The highest amount offered by the

successful bidder will have to be offered to

the Bodi Fisherman Society. It is better to

follow this methodology in future in all cases,

as the Government would not loose the

revenue and in any case, fixation of the upset

price is a starting point and the same will not

be the actual price that will fetch in an

auction. It is a price, which will facilitate

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4 W.P.(MD)NO.11834 OF 2021

somebody to take part in the auction, being

the minimum value of the subject matter of

the licence.

11.The incidental issue is with

respect to the impleaded respondents. On a

perusal of the status report filed by

respondent No.4, it is clear that various

violations took place. These violations are

with respect to contamination with the water

and reaction to facilitate the highest fishing.

The rights of the appellant in W.A.(MD)No.

923 of 2020 is certainly subject to the rights

of the impleaded respondent. Therefore, the

official res