This writ petition challenged an impugned order rejecting a lease extension application for fishing rights at Kolathur Lake. The court held that the lease expired on 23.02.2022 per the terms of the allotment order and dismissed the petition.
The writ petition seeking extension of lease and quashing of the rejection order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.8557of 2022 and WMP No.8459 of 2022
C.Adhimoolam ...Petitioner
vs.
Tiruvallur District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of a writ of Certiorarified Mandamus, calling for the records of the second respondent in Letter No.Va.B/Eva.A1/CO/52/2022, dated 18.03.2022 issued by the 2nd respondent and quash the same and consequently direct the respondents to extend the lease of Fishing rights at “Kolathur Lake” lying at Kolathur Village, Pallipattu Taluk, Tiruvallur District for a further period of two years in terms of G.O. Ms. No.201, Animal Husbandry, Dairying and Fisheries Department, dated 19/10/2017.
For petitioner : Mr.S. Kamadevan
For respondents : Mr.V. Arun, Addl. AG - V Assisted by Mr.B.Vijay, Addl. Government Pleader for R1 to R3
ORDER
This writ petition has been filed challenging the order dated 18.03.2022 passed by the second respondent rejecting the petitioner's application seeking for extension of the lease in respect of the lake for which the fishing licence was granted to the petitioner. The petitioner has challenged the impugned order on the ground that as per G.O. Ms. No.201, Animal Husbandry, Dairying and Fisheries (FS-6) Department, dated 19.10.2017, the lease ought to have been granted to the petitioner for a period of three years but arbitrarily the same has been cancelled without granting any extension for a further period to the petitioner. The petitioner was granted lease by the respondents by order dated 25.02.2021 and he was granted lease for a period from 24.02.2021 to 23.02.2022. In the order dated 25.02.2021 under which the petitioner was granted lease, terms and conditions have been clearly stipulated. The terms and conditions of the order dated 25.02.2021 clearly stipulate that the period of lease is only for a period of one year. The said terms and conditions does not refer to any G.O. which is relied upon by the petitioner in this writ petition.
petitioner has filed this writ petition without any legal rights as his lease is only for a period of one year which has already got expired. Since, the auction is conducted only in public interest and the petitioner has not established his right for extension of the lease, which has already got expired on 23.02.2022, there is no merit in this writ petition.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vsi2
To
1.The Superintending Engineer Palar River Basin Division Water Resource Department Chepauk Chennai – 5.
2.The Executive Engineer (PWD) Kosasthalai River Basin Division Water Resource Department Tiruvallur
Tiruvallur District.
3.The Assistant Director of Fisheries Ponneri, Tiruvallur District. +1cc to Government Pleader SR. No. 34597
W.P.No.8557 of 2022
PMK (CO) PR (20/06/2022)
3 issues framed by the court
Whether the petitioner is entitled to an extension of the fishing lease beyond the stipulated period of one year under the allotment order of 25.02.2021.
Whether the terms and conditions of the lease granted by the Public Works Department override the three-year lease period specified in the Government Order relied upon by the petitioner.
Whether the writ petition challenging the rejection of the extension application lacks merit as the lease had already expired.
3 provisions across 3 enactments
C. Adhimoolam
The Superintending Engineer Palar River Basin Division Water Resource Department Chepauk Chennai
The Executive Engineer (PWD) Kosasthalai River Basin Division Water Resource Department Tiruvallur
The Assistant Director of Fisheries Ponneri
Abdul Qudhosse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
