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Madras High Court Quashes Public Works Department Auction Notification and Upholds Temple's Fishery Rights; Holds G.O. Ms. No. 16 Inapplicable to Temple Tanks Absent Adverse Government Decision. Fishery Right Held to be Immovable Property Not Subject to Executive Override Without Statutory Basis.

Background: The Idol Arulmigu Thirunageswaramudaiyar temple, represented by its Thakkar/Executive Officer, a public temple governed by the Tamil Nadu ...

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Madras High Court Quashes Auction Notification by Public Works Department in Dispute over Fishery Rights. Fishery Right Held to be Immovable Property Right Not Amenable to Extinguishment by Executive Order Without Statutory Backing.

The writ petition was filed by Idol Arulmigu Thirunageswaramudaiyar, a public temple governed by the Tamil Nadu Hindu Religious and Charitable Endowme...

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Madras High Court Considers Writ Petition Challenging Fishery Auction Notice Issued Without Cancellation of Patta. Petitioner Claims Inherited Rights from 1942 Court Auction Sale Under Constitution of India, Article 226.

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 ...

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Madras High Court Hears Writ Petition Challenging Fishery Public Auction Notice for Periyur Periya Kanmoi. Petitioner Claims Hereditary Fishery Rights Based on 1942 Court Auction Sale and Seeks Quashing of Auction Notice Under Article 226.

The petitioner, S. Seenichami, President of Periyur Periyakulam Water Users Association, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Allows Writ Petitions Challenging Levy of Stamp Duty on Mining Lease Deeds — Stamp Duty on Mining Lease Deeds Must Be Computed Under Article 35(a) of Schedule I of the Maharashtra Stamp Act, 1958 Based on Average Annual Royalty, Not on Dead Rent or Total Consideration.

The petitioners, who are holders of mining leases for minor minerals in the State of Maharashtra, challenged the levy of stamp duty on their mining le...