Madras High Court
M.Vijay vs The Tamil Nadu Fisheries Development ... on 23 September, 2022
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.No.16949 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2022
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.P.No.16949 of 2022
M.Vijay ...Petitioner
-Vs-
1.The Tamil Nadu Fisheries Development Corporation Ltd.,
Represented by its Managing Director,
No.571, 4th Floor, Annai Salai,
Nandanam, Chennai – 35.
2.The Tamil Nadu Fisheries Development Corporation Ltd.,
Represented by its Manager,
Aliyar Dam, Aliyar,
Pollachi – 642 101,
Coimbatore District.
3.The Tamil Nadu Fisheries Development Corporation Ltd.,
Represented by its Assistant Manager,
Palaru- Porundaluru Dam,
Palani – 624 601,
Dindigul District. ...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus directing the first respondent herein
to extend the fishing harvest rights of the petitioner for 200 days from
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W.P.No.16949 of 2022
12.04.2023 in Palar-Porandalaru Dam of Palani Taluk, the period which the
petitioner was deprived of his fishing rights from 23.04.2018 to 02.04.2022,
within the time frame to be stipulated by this Court.
For Petitioner : Mr.M.Santhanaraman
For Respondents : Mr.Mastee Ganesh,
Standing counsel
ORDER
This writ petition is filed for issuance of a writ of mandamus directing the first respondent to extend the fishing harvest rights of the petitioner for about 200 days from 12.04.2023 in Palar-Porandalaru Dam of Palani Taluk. The extension is sought for on the ground that the petitioner was deprived of his fishing rights for about 200 days.
2. Brief facts that are necessary for the disposal of this writ petition are as follows:
3. The petitioner states that he was declared a successful bidder for harvesting the fishing rights in Palar- Porundalur reservoir in Palani Taluk for the period of 5 years from 12.04.2018 to 11.04.2023 and a license deed containing terms and conditions of harvesting was entered into between the https://www.mhc.tn.gov.in/judis 2/6 W.P.No.16949 of 2022 petitioner and the first respondent on 12.04.2018. The petitioner was liable to pay a sum of Rs.50,55,000/- towards license fee for the first year.
4. It is a case of the petitioner that he paid a sum of Rs.21,97,335/- towards royalty for 5 years and another sum of Rs.2,52,750/- towards security deposit. As per the said license deed, the petitioner has to enhance the premium by 10% for every successive year. It is stated by the petitioner in the affidavit that the petitioner has remitted to a total sum of Rs.3,33,11,365.50/- with additional royalty amount of Rs.9,31,812/- till date.
5. It is his case that the petitioner depends upon the fishermen engaged by the first respondent for harvesting fish pursuant to the fishing right harvest license. Since there was a specific prohibition in the license that the petitioner shall not engage his own men for fishing, it is contended by the petitioner that he was unable to harvest fishes for about 200 days i.e. from 23.04.2018 to 02.04.2022, due to COVID – 19 and on account of abstinence of fishermen. Therefore, the petitioner seeks an extension on account of the days during which he could not catch fish.
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6. This Court is unable to accept the contentions of the learned counsel appearing for the petitioner. The fishing right has been granted to the petitioner in respect of a huge dam namely Palar- Porundalur reservoir, which is spread over to several hundreds of hectares of land. It is not the case of the petitioner that he lost his stock on account of COVID – 19. When there is no allegation of loss of fish shock on account of COVID – 19 or on account of strike or non co-operation by the fishermen the petitioner cannot claim any loss. No verifiable material is placed before this Court to indicate that the petitioner incurred any loss on account of COVID – 19 or for other reasons. The lease period is admittedly for 5 years.
7. The petitioner has taken the fishing right subject to several terms and conditions of license. The petitioner has not relied upon any condition of auction or term of license which enables him to claim extension on account of COVID – 19 or for other reasons. Since the petitioner has not given any convincing reasons, this Court is unable to direct the respondents to consider the application of the petitioner for remission proportionate to 200 days or to extend the period of license by 200 days.
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8. This Court is not inclined to entertain this writ petition on merits. However the learned standing counsel appearing for the respondents stated that the petitioner's representation will be considered on merits. In the light of the observations made by this Court earlier, the respondents are directed to consider the representation of the petitioner within a period of four weeks from the date of receipt of a copy of this order.
9. With the above direction, this writ petition stands disposed of. No costs.
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1.The Managing Director, Tamil Nadu Fisheries Development Corporation Ltd., No.571, 4th Floor, Annai Salai, Nandanam, Chennai – 35.
2.The Manager, Tamil Nadu Fisheries Development Corporation Ltd., Aliyar Dam, Aliyar, Pollachi – 642 101, Coimbatore District.
3.The Assistant Manager, Tamil Nadu Fisheries Development Corporation Ltd., Palaru- Porundaluru Dam, Palani – 624 601, Dindigul District.
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