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10.The present writ petition has been filed by a registered Trade Union challenging G.O(Ms).No.16 Public Works(W2) Department, dated 14.01.2011 and G.O.(Ms).No.72, Public Works (W2) Department, dated 06.05.2014 and to direct the respondents to implement G.O.(Ms).No.332, Animal Husbandry and Fisheries (FS-IV) Department dated 17.11.1993.

11.According to the writ petitioner association, the inland fishermen workers attached to various fishing Co-operative Societies are members of their association. The petitioner Sangam claims that it is a registered association with Registration No.104/KKM. According to the petitioner, the Government of Tamil Nadu has passed various orders and schemes giving preference to the Inland Fishermen Co-operative Societies. The petitioner had further contended that in view of Revenue Standing Order No.211 and G.O.Ms.332 dated 17.11.1993, preferential right should be given to fishermen Co-operative Societies in granting lease for fishing rights in inland water bodies. According to the petitioner, the said Fishermen Co-operative Societies are entitled to get lease even without undergoing the process of public auction.

https://www.mhc.tn.gov.in/judis W.P(MD).Nos.6840 and 7061 of 2012 and 14375 of 2011 and 13547 of 2015

12.The learned counsel for the petitioner had further contended that G.O.Ms.No.16 dated 14.01.2011 has been passed taking away the said preferential rights of Fishermen Co-operative Societies. A consequential Government Order in G.O.Ms.No.72, Public Works (W2) Department, dated 06.05.2014 has been passed creating a separate head of accounts for depositing of the amount which is collected through public auction of the Tanks which are vested with the Public Works Department. He had further contended that the policy decision of the Government is reflected in the Revenue Standing Order No.211 and G.O.Ms.No.332 dated 17.11.1993 granting preferential rights in favour of the Fishermen Co-operative Societies. However, the said preferential rights has been taken away by the Government Order impugned in the present writ petition. Hence, he prayed for quashing the impugned G.O and to implement the G.O.Ms.No.332 Animal Husbandry and Fisheries (FS-IV) Department dated 17.11.1993.

13.The learned counsel for the petitioner had further contended that the petitioner is a trade union in which 7000 fishermen who are members of various Co-operative Fishing Societies are members. Hence, the petitioner trade union is taking up the cause of all the inland fishermen who are likely to be affected by the impugned Government Order. He had further contended that the impugned G.O, without superseding the Revenue Standing Order No. https://www.mhc.tn.gov.in/judis W.P(MD).Nos.6840 and 7061 of 2012 and 14375 of 2011 and 13547 of 2015 211 and G.O.Ms.No.332 dated 17.11.1993, has virtually taken away the preferential right in favour of the Fishermen Co-operative Societies.

24.In WP(MD).No.13547 of 2015, a perusal of the Revenue Standing Order No.211 and G.O.(Ms).No.332, Animal Husbandry and Fisheries (FS-IV) Department dated 17.11.1993 discloses that some kind of preferential right has been conferred upon the Fishermen Co-operative Societies. In the present case, the writ petitioner is only a trade union claiming that the individual fishermen belonging to various Societies are members in their trade union. The trade union has no preferential right whatsoever either under Revenue Standing Order No.211 or under G.O.(Ms).No.332, Animal Husbandry and Fisheries (FS-IV) Department dated 17.11.1993. Hence, the petitioner trade union has no locustandi whatsoever to challenge the G.O.Ms. 16 dated 14.01.2011 and G.O.Ms.No.72, dated 06.05.2014. That apart, a https://www.mhc.tn.gov.in/judis W.P(MD).Nos.6840 and 7061 of 2012 and 14375 of 2011 and 13547 of 2015 perusal of the impugned G.Os will clearly indicate that nowhere it has been held that the preference granted to the Fishermen Co-operative Societies under RSO.No.211 and G.O.Ms.No.332 dated 17.11.1993 have been abolished. The impugned G.O only pointed out that the individuals and certain un-authorised organisation cannot be permitted to conduct the public auction of the fishing rights. The rights of the Co-operative Fishermen Societies are protected under RSO.No.211 and G.O.Ms.No.332 dated 17.11.1993. Hence, I find that the present writ petition at the instance of a trade union is not maintainable.