The Madurai bench of the Madras high court has given its nod for fishing activities at Manjalaru dam in Theni district through public auction, and with it dismissed a writ petition filed two-and-a-half years ago challenging a government order introducing tender-cum- auction system by taking away the rights of a group of fishermen. Dismissing the petition filed by J Murugan and 23 other fishermen of the Periyakulam Fishermen Cooperative Society, Justice B Rajendran observed that earlier, production at the dam was less and thus the new system was evolved to augment the income of the fishermen. “Under this system, the government will auction the property viz., fishing rights to third parties and the societies which has got interest, link and connection will be given 50% of the share. Further, the lessee should conduct fishing by employing fishermen who are in nearby fishing cooperative society on a preferential basis,” the judge said. In the arguments, assistant director of fisheries told that as per the agreement made between the government and fishermen, the former could take any measure to augment fish production/ increase revenue by changing the system of share fishing into any other way of fishing under the Tamil Nadu Inland Fisheries Lease and License Rules, 1972 and the share fishermen had accepted to abide by the conditions. Besides, the new system would prevent poaching in the reservoir. Accordingly, the government passed an order for leashing of fishery rights of 53 departmental reservoirs including the Manjalaru reservoir through tender-cum-auction. Except the Periyakulam Fishermen Cooperative Society, all other 52 societies had agreed to the tender-cum-auction system. Above all, the interests of fishermen is ensured in the government order, the court was told. Accepting it, the court dismissed the petition. According to the petitioners, they have been fishing in and around Manjalaru dam for long. The government had then deployed their forefathers for the construction of the dam during 1958. The government had then assured them that that they would be given fishing rights in and around the dam, its catchments areas and canals. It also gave them residential lands around the dam. Subsequently, the government formed Periyakulam Fishermen Cooperative Society and as per the promise given by the government to the petitioners’ forefathers, it gave them licence for ‘share of fishing’ and it had been continuing since then. In the meanwhile, the animal husbandry, dairying and fisheries department passed an order on September 25, 2012 taking away the right of the petitioners and bringing public auction system and subsequently, called the tender-cum-auction notice on July 3, 2013. Challenging it, a petition was filed.
2016, Bennett, Coleman & Co. Ltd.