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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice L.Victoria Gowri, J
Idol Arulmigu Thirunageswaramudaiyar – Appellant
Versus
Junior Engineer, Public Works Department, Thenthirupperai – Respondent
ORDER :
1. Challenging impugned auction notification of the respondent in Ka.No.Koo.7/2021/U.Poo.1, dated 25.02.2022, in respect of S. No.5 and 6, namely, Nallur Melakulam and Nallur Kezhakulam and direct the respondent not to interfere with the right of the petitioner Temple in the above tanks, this Writ Petition is filed.
2. The petitioner temple is a public temple governed by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the temple possess landed properties, however, there is no proper yield in those properties. That apart, the temple is the absolute owner of the tanks, namely, Nallur Melakulam and Nallur Keelakulam and its fishery rights at Nallur Village, Tiruchendur Taluk, Tuticorin District. The said right is confirmed with the Temple Property Register maintained by Hindu Religious and Charitable Endowments Department, dated 11.10.1966. The temple has a regular source of income only from leasing out the fishery right and the day to day pujas of the temple are being performed only out of the income from the said fishery right. The fishery right over the said tanks vest with the petitioner temple from time immemorial. The right of fishery is also recorde
Customary fishing rights of temples cannot be revoked by executive orders lacking statutory authority, reaffirming the temple's ownership and rights over the tanks.
Ownership of fishery rights, acquired through historical court auction, cannot be negated by new government orders; such rights are classified as profit a prendre and treated as immovable property.
The court affirmed that inherited fishing rights, established by a court auction, cannot be overridden by public auction notices under inapplicable government orders.
The auction of temple property was rendered invalid due to significant procedural violations under the Hindu Religious and Charitable Endowments Act, emphasizing the need for compliance with statutor....
Point of law: justification being given for attempting a new experiment is the stand of the Government that the earlier system was not benefitting the target group of fishermen and the natural resour....
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