P.K.DHANAPALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The case of the petitioners is that they were the successful bidder in the auction conducted for fishing rights in Vadakarai Kanmai situated in Sholavanthan Village and Thenkarai Kanmai situated in Thenkarai Village, Vadipatti Taluk, Madurai District for a period of three years with effect from 19.07.2016. The bid amount was a sum of Rs.21,16,000/- and Rs.26,25,000 and in addition with a payment to the Fishing Men Welfare Board and the petitioner in W.P.(MD)No.22460 of 2019 totally paid Rs. 24,32,750/- and the petitioner in W.P.(MD)No22463 of 2019 totally paid Rs.30,19,250/- . As per the conditions of the lease, the lease amount would be raised every year by 10%.

(2.) During the year 2016-17, there was severe drought in Madurai District. Therefore, they could not perform their fishing activities for the said year and therefore, they suffered huge loss and immense financial hardship. Therefore, they made a representation dated 01.07.2017, to adjust the lease amount for the period 2016-17 towards the lease amount for the year 2017-18. However, their request was not accepted and the petitioner in W.P.(MD)No.22460 of 2019 was directed to pay a sum of Rs. 24,42,825/- and the petitioner in W.P.(MD)No.22463 of 2019 was directed to pay a sum of Rs.28,87,500/-.

(3.) Thereafter, by virtue of interim order in W.P.(MD)No.13261 of 2017, the petitioners have paid a sum of Rs.22,00,000/-. As per the G.O.Ms.No.201, dated 19.10.2017, the Government taken a policy decision that if during the subsistence of lease, any year was declared as a drought year by the Government, the lease amount that has been paid by the Lessee for the year, shall be extended by one year, without insisting for payment.