Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash a fishery public auction notice. The petitioner, S. Seenichami, president of Periyur Periyakulam Water Users Association, claimed hereditary fishery rights over Periyur Periya Kanmoi tank in Periyur Village, Tenkasi District. His grandfather purchased the fishery right in a court auction held by the District Munsif Court, Tenkasi, in O.S.No.47 of 1937, on 21.07.1942, and a sale certificate was issued on 31.08.1942. Since then, the family enjoyed possession, paid taxes, and held Fishery Patta No.1. After his father's death, the petitioner mutated the records. The respondents, Executive Engineer and Assistant Engineer of the Public Works Department (WRD), attempted to auction the tank between 2011 and 2015 but desisted after the petitioner submitted representations with documents. On 03.12.2021, the petitioner again represented against auction, but without cancelling his patta or issuing notice, the second respondent published the impugned auction notice on 21.12.2021 for Serial No. 6, covering the tank. The petitioner challenged the notice as illegal and arbitrary. The final order of the court is not included in the extracted text.
Issue of Consideration
Whether the fishery public auction notice dated 21.12.2021 can be sustained without cancelling the petitioner's fishery patta and without prior notice, despite the petitioner's rights stemming from a 1942 court auction and continuous possession.
Case Details
2025 LawText (MAD) (03) 248
W.P.(MD)No.154 of 2022 and W.M.P.(MD)Nos.120 and 121 of 2022
Mr.R.J.Karthick for Petitioner, Mr.S.Kameshwaran Government Advocate for Respondents 1 & 2
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.
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking certiorari to quash fishery public auction notice.
Remedy Sought
Petitioner seeks quashing of auction notice dated 21.12.2021 for Serial No.6, Periyur Periya Kanmoi tank.
Filing Reason
The respondents issued public auction notice without cancelling petitioner's fishery patta or giving notice, despite petitioner's long-standing rights based on 1942 court auction purchase and continuous possession.
Issues
Whether the fishery public auction notice dated 21.12.2021 issued by the second respondent without cancelling the petitioner's fishery patta and without prior notice is valid, given petitioner's inherited fishery rights from a 1942 court auction purchase and continuous possession.
Submissions/Arguments
The petitioner contended that the fishery right was purchased in a court auction in 1942 and has been in the family for generations with patta and tax payments; the respondents previously dropped auction attempts after his representations, but now without notice or cancellation of patta, they issued the impugned auction notice, which is arbitrary and violative of natural justice.
Judgment Excerpts
impugned Fishery Public Auction notice in Na.Ka.No:Ko23(4)/U.Po.(Sa)/2021, dated 21.12.2021
even without issuance of notice or cancelling the petitioner's fishing patta, the public auction notice came to be issued by the second respondent vide impugned
Procedural History
The petitioner, claiming inherited fishery rights from a 1942 court auction, represented to respondents multiple times between 2011-2015 and on 03.12.2021, requesting not to auction the fishery rights. Despite earlier assurances, the second respondent issued the impugned auction notice on 21.12.2021. The petitioner filed the present writ petition seeking certiorari to quash the notice.
Acts & Sections
- Constitution of India: Article 226
