M.Ravi Vs the Secretary

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for all relevant records relating to the impugned notice in Na.Ka.No.A3/2066/2024 dated 09.04.2025 issued by the 5th respondent BDO, for fishing auction in Korakuttai kanmai, herein to quash the same as arbitrary, improper, unjust, unconstitutional, thereby direct the 3rd and 5th respondents to consider the contentions of the petitioner as per the prevailing Rules and procedures, to provide the Korakuttai Village people, first preference in the fishing right/auction in the Korakuttai kamai situated in S.Ierayamngalam Panchayat, Thiruchengodu Taluk,Nammakal district and pass such further orders.

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For Petitioner(s): Mr.P.K.Rajesh Praveen Kumar

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For Respondent(s): Mr.M.Rajendiran, Additional Government Pleader for R1 to R4

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Mr.R.Sasikumar, Government Advocate for R5

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ORDER

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This writ petition has been filed for issuance of a Writ of Certiorarified

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Mandamus, calling for all relevant records relating to the impugned notice in

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Na.Ka.No.A3/2066/2024 dated 09.04.2025 issued by the 5th respondent BDO,

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for fishing auction in Korakuttai kanmai, herein to quash the same as arbitrary, improper, unjust, unconstitutional, thereby directing the 3rd and 5th respondents

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to consider the contentions of the petitioner as per the prevailing Rules and procedures to provide the Korakuttai Village people first preference in the fishing right/auction in the Korakuttai kamai situated in S.Ierayamngalam Panchayat, Thiruchengodu Taluk, Nammakal district.

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The petitioner is the hereditary Dharmakartha and a resident of Korakuttai Village, falling under S.Ierayamangalam Panchayat, Thiruchengode Taluk, Namakkal District. The village is predominantly inhabited by Scheduled Caste families who are agriculturists and daily wage earners. Their livelihood and basic needs are heavily dependent on the Korakuttai Kanmai (tank), a traditional water body spanning about 70 to 80 acres, which irrigates approximately 400 to 500 acres of land. Historically, the tank has been maintained by the villagers themselves through the system of "Neerani Kudumbam." In recent years, however, the fisheries department and local authorities have started auctioning the tank's fishing rights to outsiders. The

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latest such auction was announced through a public notice dated 09.04.2025 by

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the 5th respondent, granting a five-year lease. The villagers strongly opposed this

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and made representations to the authorities, but no action has been taken in

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response.

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The learned counsel for the petitioner submits that the Korakuttai

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Kanmai is a vital community resource intended for irrigation and domestic use,

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not for commercial exploitation. The auctioning of fishing rights to private parties, especially outsiders, has led to significant degradation of the water quality due to activities such as dumping of fish feed, construction of temporary structures, and excessive fishing, thereby rendering the water unfit for agricultural and household use. This affects the livelihood of the villagers and violates their right to life under Article 21 of the Constitution. He further argues that the auction was conducted without obtaining the necessary environmental clearance or prior approval from the Grama Sabha, and without considering the

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rights of local Scheduled Caste residents who ought to have been given preference as per Government Orders and Tamil Nadu Panchayat rules. The commercial use of the water body also goes against the principle of sustainable

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development and the "public trust doctrine." Hence, the petitioner seeks to

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quash the impugned auction and restrain further commercial use of the tank,

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while directing authorities to preserve the water body for irrigation and community needs.

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Learned Additional Government Pleader appearing for respondents 1 to

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4 submits that the representation of the petitioner dated 01.04.2025 would be

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considered on merits, in accordance with law within a time frame stipulated by

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this Court.

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Heard both sides and perused the materials available on record.

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6. Without going into the merits of the case, the third respondent is

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directed to consider the representation of the petitioner dated 01.04.2025

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after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all

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the relevant documents submitted by the petitioner in regard to the subject

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matter property and pass appropriate orders on merits, in accordance with

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law, within a period of eight (8) weeks from the date of receipt of a copy of

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this order.

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In the result, the writ petition stands disposed of with the above observations and direction . No costs. Consequently, connected miscellaneous

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petitions are closed.

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22-08-2025

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cda/dh

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To 1.The Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

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2.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600015. 3.The District Collector, Namakkal Distrct, Thiruchengodu, Namakkal District 637001. 4.Assistant Director Fisheries, Fisheries Department, Namakkal District. 5.The Commissioner/ Block Development Officer, Panchayat Union, Thiruchengodu, Namakkal District.

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N.MALA. J.

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