The absence of a legally protected right for the Panchayat to claim exclusive rights to desilt the tanks and take away savudu/soil, and the requirement for amendments in the relevant rules before such claims could be made.

1. The instant public interest litigation has been filed for a writ of Certiorarified Mandamus to call for the records pertaining to the Government order dated 11.04.2017 passed by the District Collector, Nagapattinam in Na.Ka.No.735/Mineral/2015 in respect of Sl.No.60 and 61 in the said Government order being Chinna Eri in Survey No.242/1 measuring to an extent of 21.20.5 and Periya Eri in Survey No.374/1 measuring to an extent of 15.15.05 Hectares situated in Prathabaramapuram Panchayat, Kilvelur Taluk, Nagapattinam District and to implement the National Rural Employment Guarantee Act, 2005.

2. The petitioner submits that the village Prathabaramapuram Panchayat, Kilvelur Taluk is surrounded by lot of Water bodies and the entire village depends on Agriculture for livelihood. He states that in the year 2011, the Panchayat was facing heavy economic burden and the Panchayat President Mr.R.E.Swaminathan decided to desilt the five tanks namely (i) Kazhuvakkulam (S.No.281/1), (ii) Kattukulam (S.No.314/1), (iii) Uppukulam (S.No.298/1A), (iv) Sitheri (S.No.242/1 and (v) Santhiravathi and sell the soil which is obtained on desilting for generating funds to the panchayat. Proposal was sent. Since there was no action on the proposal, writ petition No.10051/2011 was filed in this Court. The said writ petition was disposed of by an order dated 20.09.2011 wherein it was observed as under:-

“3. Heard the parties and perused the records. The grievances of the petitioner is that as per the Panchayat resolution. The tanks are sought to be de-silted and the byproduct namely desilted sand sought to be utilized. As per the recommendation made by the second respondent on the resolution dated 06.01.2011 no permission has been obtained under Mines and Mineral Concession Rules 1959 from the first respondent.

4. Without going into the merits of the case, this court directs the first respondent to take appropriate decision with regard to the opinion expressed by the second respondent through his letter dated 09.03.2010 and dispose of the same on its own merits and in accordance with law within eight weeks from the date of the receipt of a copy of the order.”

3. It is submitted that the petitioner has filed another writ petition in W.P.No.40307 of 2016 for a direction to the Special Officer-Cum-Block Development Officer, Village Panchayat, Panchayat Union Office, Keezhaiyur, Pradhabaramapuram Panchayat, Kilvelur (Taluk), Nagapattinam District to implement the resolution for desilting the tanks and taking soil. The said writ petition was disposed of by the order dated 17.11.2016 by this Court has observed as under:-

“1. The petitioner submits that the representation dated 31.10.2016 has been submitted in view of Resolution No.24 dated 15.08.2016 passed by the Grama Sabha, Prathabaramapuram Panchayat, Keezhaiyur Taluk, requiring desilting of the lake as set out in the resolution. It is the say of the petitioner that instead of getting this work done through private contractors, in order to generate employment, the same may be carried out under the National Rural Employment Guarantee Act, 2005. The Panchayat, at present, is being administered by the Special Officer.

2. We are of the view that the prayer would depend on the feasibility of what the petitioner states and it is for the concerned authority to examined the same and thus, the representation of the petitioner referred to aforesaid be examined for its feasibility.

3. Writ petition, accordingly, stands disposed of. No costs.”

4. It is further contended that instead of implementing the order of the High Court, the contract of desilting has been given to the private parties without following the procedure prescribed in the Tamil Nadu Tender Transparency Act, 1998 in respect of Chinna Eri and Periya Eri. The petitioner therefore filed this present writ petition that instead of the private parties desilting the tanks and taking the soil. The villagers cannot be permitted to desilting the tanks and tak