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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. VICTORIA GOWRI
S. Seenichami – Appellant
Versus
Executive Engineer, Public Works Department, Rajapalayam – Respondent
ORDER :
1. Challenging the impugned Fishery Public Auction notice in Na.Ka.No:Ko23(4)/U.Po.(Sa)/2021, dated 21.12.2021, issued by the 2nd respondent with regard to Serial Number 6, Periyur Periya Kanmoi situated in Periyur Village, Sankarankovil Taluk, Tenkasi District, this Writ Petition has been filed.
2. A tank, named, Periyur Periya Kanmoi is situated in Survey Nos. 805 and 806, Periyur village, Sankarankovil Taluk, Tenkasi district and the writ petitioner is the president of Periyur Periyakulam Water Users Association. On 21.07.1942, the writ petitioner's grandfather, namely, Mr.Vellaiyathevar participated in the auction conducted by the learned District Munsif Court, Tenkasi, in O.S.No.47 of 1937 and purchased the fishery right of the said tank. On 31.08.1942, the sale certificate was also issued, declaring the writ petitioner's grandfather as certified auction purchaser, since then his father was in possession of the tank and he was doing fishing activities. Fishery patta No.1 and other revenue records were mutated in favor of the petitioner's father and he was paying taxes in his name. After his demise, the writ petitioner had survived him and had mutated the fishery right of
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.
Customary fishing rights of temples cannot be revoked by executive orders lacking statutory authority, reaffirming the temple's ownership and rights over the tanks.
Certificate proceedings for unpaid bid amounts under OPDR Act require a valid registered lease deed; absence of such documentation renders proceedings invalid.
The eligibility criteria for fishery lease allotment as per Rule 57 of U.P. Revenue Code Rules, 2016 must be met for a valid allotment.
The Government's power to settle fisheries is subject to the Fishery Rules, 1971, and any deviation from the Rules must be supported by reasons.
The right of fishery claimed by the plaintiffs was not saved under the Zamindari Abolition Act and could not be claimed as a customary easement or a customary right.
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