Customary fishing rights of temples cannot be revoked by executive orders lacking statutory authority, reaffirming the temple's ownership and rights over the tanks.

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 recorded in the property register of the temple and also found in revenue records. The temple is specifically paying the kist for the fishery right to the Government regularly without any default. The trustees of the petitioner temple used to let the right of fishery through public auction for every Fasli by issuing proper notice of auction with the concurrence of the Hindu Religious and Charitable Endowments Department. The auction amount has also been properly accounted with the Government and the Hindu Religious and Charitable Endowments Department. Thereafter, the petitioner issued fishery license and remit the amount with the Department and the said procedure is followed from time to time.

3. While so, the respondent on the strength of the Government Order in G.O.Ms.No.16 dated 14.01.2011, started to interfere with the right of the petitioner's fishing right with respect to the tanks vested with the temple. The writ petitioner claimed that the aforesaid Government Order is not applicable, so far as the fishery right vested with the temple is concerned. Similarly, placed temples have already filed several Writ Petitions, challenging the auction notices issued based on the said Government Order and this Hon'ble Court was pleased to pass an order of stay. More particularly, the said Government Order as well as the consequential auction notice issued by the Public Works Department has already been challenged in a Writ Petition in W.P.No.9431 of 2015 and this Court was pleased to order status quo and not to conduct auction and the said batch of Writ Petitions are pending. While being so, the respondent issued auction notification in the year 2019 and 2020 and the then trustee, namely, E.Subramaniam filed a Writ Petition in W.P. (MD)No.3982 of 2019 and W.P.(MD)No.1264 of 2020 respectively and this Court was pleased to pass an order of stay. While being so, it is also informed that this Court in a similar issue arising out of another temple in W.P.(MD)Nos.1913 and 1914 of 2020, directed the Secretary of Hindu Religious and Charitable Endowments and the Public Works Department to have a joint meeting over the issue. In turn, the Public Works Department officials have also decided not to disturb the right of temple and forwarded the same to the Government. While the matter was sub judice before this Court, the respondents once again issued the impugned auction Notification in Ka.No.7/2021/U.Poo.-1/dated 25.02.2022, for the period of 01.03.2022 to 31.08.2022 without complying with the order of this Court. Challenging the same, this Writ Petition is filed.

4. Heard the learned counsel for the petitioner, the learned Government Advocate for respondent and carefully perused the materials available on record.

5. The Government of Tamil Nadu issued a Government Order in