P JEYARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

(2.) THE petitioner had stated that the fishery rights in water sources like tanks etc., under the control of the Village Panchayats or the Panchayat Union Councils, are now regulated and they are governed by THE Tamil Nadu Panchayat (Lease and Licensing of Fishery Rights in Water Sources vested and Regulated by Village Panchayats and Panchayat Union Councils), Rules, 1999 (hereinafter referred to as `the Rules'). THE Rules have been made under the rule making power enshrined in Section 242 of the Tamilnadu Panchayats Act, 1994. Prior to the making of the Rules, the granting of fishery rights was governed by the Government Order in G.O.Ms.No.33, Department of Animal Husbandry and Fisheries, dated 27.2.95. According to the said Government Order and the Rules, no person shall fish or do anything pertaining to fishery in the water sources under the control of the Village Panchayats or Panchayat Union Councils, without a licence or lease from the concerned Village Panchayats or Panchayat Union Councils. Such a lease should necessarily be granted by holding a public auction. THE fourth respondent is the competent authority to hold the auction of the fishing rights under Rule 12 of the Rules.

(3.) IT has also been stated that the Madurai District Fish Farmers Development Agency, an organization of the Tamilnadu Government, and Registered under the Societies Act, is functioning from the year 1978, as sanctioned, vide G.O.Ms.No.274, Forest and Fisheries Department, dated 29.3.78. The District Collector is the Chairman of the Fish Farmers Development Agency and the Assistant Director of Fisheries is the Chief Executive Officer of the said agency and its functions are governed by the Managing Committee constituted by the Government. The Commissioner and Director of Fisheries, Chennai, exercise technical control over the agency. The Fish Farmers Development Agency Plays a vital role in popularizing scientific methods of fish culture and it paves way for rural employment and in the development of rural economy. Scientific training in fish culture is imparted on fish farmers by allotting ponds and tanks, specifically for the purpose of fish culture. Hence, the writ petition filed by the petitioner is devoid of merits and therefore, liable to be dismissed.