Case Note & Summary
The petitioner, S. Seenichami, President of Periyur Periyakulam Water Users Association, filed a writ petition under Article 226 of the Constitution of India to quash a fishery public auction notice dated 21.12.2021 issued by the Assistant Engineer (WRD), Upper Vaiper Basin Division, concerning Serial Number 6, Periyur Periya Kanmoi tank in Periyur Village, Sankarankovil Taluk, Tenkasi District. The petitioner claimed hereditary fishery rights over the tank based on a court auction sale conducted on 21.07.1942 in O.S.No.47 of 1937 by the District Munsif Court, Tenkasi, where his grandfather purchased the fishery right. A sale certificate was issued, and revenue records including fishery patta No.1 were mutated in the family's name, with taxes paid continuously. After his father's demise, the petitioner mutated the rights in his name and continued fishing activities. The respondents, the Executive Engineer and Assistant Engineer of the Public Works Department (WRD), previously attempted to auction the tank between 2011 and 2015 but dropped the action after the petitioner submitted documents. However, in 2021, without prior notice or cancellation of the fishery patta, the second respondent issued the impugned auction notice. The petitioner made a representation on 03.12.2021 to halt the auction, but the authorities proceeded. The core legal issue was whether the auction notice was illegal given the petitioner's claimed hereditary rights and the absence of cancellation of the patta. The petitioner argued that the auction would infringe upon long-standing rights recognized by revenue authorities and that the respondents had earlier accepted the validity of his claim. The court reserved judgment on 29.11.2024 and delivered the order on 04.03.2025, but the available text of the judgment is incomplete, and the final decision and reasoning are not included.
Issue of Consideration
Whether a public auction of fishery rights can be conducted without canceling the petitioner's claimed hereditary fishery patta based on a court auction sale.
Case Details
2025 LawText (MAD) (03) 247
W.P.(MD)No.154 of 2022 and W.M.P.(MD)Nos.120 and 121 of 2022
Mrs. Justice L. Victoria Gowri
Mr. R.J. Karthick, Mr. S. Kameshwaran
1. The Executive Engineer, Public Works Department (WRD), Upper Vaiper Basin Sub Division, Rajapalayam, Virudhunagar District. 2. The Assistant Engineer, (WRD), Upper Vaiper Basin Division, Sankarankovil, Tenkasi District.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a fishery public auction notice for a tank.
Remedy Sought
Quashing of the impugned Fishery Public Auction notice in Na.Ka.No:Ko23(4)/U.Po.(Sa)/2021, dated 21.12.2021, issued by the 2nd respondent with regard to Serial Number 6, Periyur Periya Kanmoi situated in Periyur Village, Sankarankovil Taluk, Tenkasi District.
Filing Reason
The petitioner claimed hereditary fishery rights based on a 1942 court auction sale and sale certificate, and alleged that the respondents were attempting to auction the fishery rights without canceling his fishery patta.
Previous Decisions
The petitioner made representations to the respondents during 2011-2015 and on 03.12.2021, leading to the respondents dropping earlier auction plans after perusing documents.
Issues
Whether the impugned fishery public auction notice is illegal and liable to be quashed due to the petitioner's claimed hereditary fishery rights based on a 1942 court auction sale and sale certificate.
Whether the respondent authorities can conduct a public auction without first canceling the petitioner's fishery patta.
Submissions/Arguments
Petitioner claimed hereditary fishery rights from a 1942 court auction sale and sale certificate, continuous possession, mutation of revenue records, and payment of taxes; argued that repeated representations were made and respondents dropped auction plans earlier; contended that the auction notice was issued without hearing or canceling the fishery patta.
Judgment Excerpts
A tank, named, Periyur Periya Kanmoi is situated in Survey Nos. 805 and 806, Periyur village, Sankarankovil Taluk, Tenkasi district and the writ petitioner is the president of Periyur Periyakulam Water Users Association.
On 21.07.1942, the writ petitioner's grandfather, namely, Mr.Vellaiyathevar participated in the auction conducted by the learned District Munsif Court, Tenkasi, in O.S.No.47 of 1937 and purchased the fishery right of the said tank.
Procedural History
The petitioner filed W.P.(MD)No.154 of 2022 in 2022 challenging the auction notice dated 21.12.2021. The court reserved judgment on 29.11.2024 and delivered the order on 04.03.2025.
Acts & Sections
- Constitution of India: Article 226
