WP No. 19322 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 19322 of 2025 1. G.Dhayalan Son Of Gangadharan No. 521 Walahabad Main Raod, Uthukadu Village, Kancheepurai District – 631 605 Tamil Nadu Petitioner(s) Vs 1. The Secretary To Government Tamilnadu Public Works Department Secretariat, Chennai 600 009. 2.The Chief Engineer Water Resources Department Chennai Region, Chepauk, Chennai 600 005. 3.The Assistant Executive Engineer Water Resources Department, Palar Division, Kancheepuram District, TWAD House No. 31 Kamarajar Salai, Chepauk Chennai 600 005. https://www.mhc.tn.gov.in/judis WP No. 19322 of 2025 4.The Executive Engineer RWS Division Kancheepuram TWAD Board No 16 Sengal Uneerodai Street, Near Sankara Madam, Kancheepuram District 631 502. Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 24.02.2025 seeking permission to catch fish at Uthukadu Lake, Kancheepuram District and pass orders. For Petitioner(s): Mrs. K.Indumathy Venkatesh For Respondent: Mr.V.P.R.Elamparithi, Government Advocate for respondents 1 to 4 ORDER This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 24.02.2025 wherein the petitioner is seeking for permission to catch fish at Uthukadu Lake, Kancheepuram District. 2. Heard Mrs.K.Indumathy Venkatesh, learned counsel for the petitioner and Mr.V.P.R.Elamparithi, learned Government Advocate for https://www.mhc.tn.gov.in/judis WP No. 19322 of 2025 respondents 1 to 4. 3. When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents produced the written instructions received from the 3 rd respondent. The relevant portions in the written instructions are extracted hereunder :- The above said Uthukadu Water body was under fishing lease from 2019-2024 to District Fish Farmers Development Agency member Thiru Venkatesan of Uthukadu Village, Kancheepuram District and it is over now. It is submitted that as per the orders of Hon'ble High court of Madras on 21.06.2023 and 06.12.2023 the fishing rights of water bodies vested with Department of Fisheries and Fishermen Welfare should be brought to open auction and preferences should be given to primary fishermen co-operative society of that area and if no fishermen co-operative society is available public auction may be carried out. It is submitted that the petitioner claims that he is a fishermen and it is found that he is not a member of any fishermen co-operative society. It is further submitted that fishing rights/lease of uthukadu water body is vested with the person taking lease for defined period of time and allowing individual fishermen for fishing in leased water bodies is not within the preview of Fisheries department and water resource department. It is submitted that major of the Fisheries Department water bodies are leased to primary Fishermen Co-operative society for their livelihood and welfare, the petitioner individual claim of allotting fishing rights in leased water body cannot be entertained, since the primary co-operative society owns the fishing https://www.mhc.tn.gov.in/judis WP No. 19322 of 2025 lease of the particular water body. 4. It is clear from the above that the petitioner is not a member of Fishermen Co-operative Society and presently, the Primary Fishermen Co- operative Society owns the fishing lease of the concerned water body. Hence, the scope for considering the representation made by the petitioner seeking permission will not be feasible. 5. Considering the materials placed before this Court and taking note of the written instructions received from the 3 rd respondent, the relief as sought for by the petitioner cannot be granted and accordingly, this writ petition stands dismissed. No costs. 04-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 19322 of 2025 To 1.The Secretary To Government Tamilnadu Public Works Department Secretariat, Chennai 600 009. 2.The Chief Engineer Water Resources Department Chennai Region, Chepauk, Chennai 600 005. 3.The Assistant Executive Engineer Water Resources Department, Palar Division Kancheepuram District, TWAD House No. 31 Kamarajar Salai, Chepauk Chennai 600 005. 4.The Executive Engineer RWS Division Kancheepuram Twad Board No 16 Sengal Uneerodai Street, Near Sankara Madam, Kancheepuram District 631 502. https://www.mhc.tn.gov.in/judis WP No. 19322 of 2025 N.ANAND VENKATESH J. rka WP No. 19322 of 2025 04-06-2025 https://www.mhc.tn.gov.in/judis