Dismissed¶¶42

Alangudi Village Panchayat v. the Secretary to Government

Madras HC8 Jan 2025WP/447/2025

Case brief

AI extract

What is this about?

Alangudi Village Panchayat fishery rights declaration; Government poramboke kuttai kulam water bodies; Article 243-G Eleventh Schedule 73rd Amendment; Tamil Nadu Panchayats Lease and Licensing of Fishery Rights Rules 1999; Public Auction Rules 2001; Section 261 Tamil Nadu Village Panchayats Act 1994; locus standi of outgoing panchayat President; dissolution of panchayats G.O.Ms.No.1 dated 06.01.2025; Block Development Officer administration; delay and laches; last day of office filing; earlier W.P.Nos.13051 & 13057 of 2020 order dated 09.08.2024; temple Executive Officer auction notice; Valangaiman Taluk Thiruvarur; writ dismissed no costs.

What did the court decide?

By G.O.Ms.No.1 dated 06.01.2025 all the Panchayats were dissolved owing to efflux of time and the Block Development Officer was nominated to administer them. ¶¶31

Alangudi Village Panchayat Vs the Secretary to… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the fishery rights in Government poramboke Kuttai, Kulam and other water bodies in Alangudi Village Panchayat vest with the village panchayat under Part IX of the Constitution through the 73rd Amendment Act, 1992, Article 243-G read with the Eleventh Schedule, and the Tamil Nadu Panchayats Rules of 1999 and 2001. +2 more

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Ratio / Principle

By G.O.Ms.No.1 dated 06.01.2025 all the Panchayats were dissolved owing to efflux of time and the Block Development Officer was nominated to administer them.

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Key takeaways

As on date the writ petitioner has no locus standi to maintain the writ petition.ratio¶¶38
The writ petition suffers from delay and laches.ratio¶¶38
Having kept quiet on and from 09.08.2024 despite the liberty granted in the earlier order, the petitioner could not invoke that liberty to file the writ petition on the last working day of his tenure.ratio¶¶35

Detailed headnote1 paragraphs

Madras High Court (C.V. Karthikeyan, J.) dismissed a writ of declaration filed on 03.01.2025 - the last working day of the petitioner President's term expiring 05.01.2025 - by the then President of Alangudi Village Panchayat, Thiruvarur District, seeking a declaration under Article 226 that fishery rights in Government poramboke Kuttai, Kulam and other water bodies vest in the village panchayat under Part IX (73rd Amendment Act, 1992), Article 243-G read with the Eleventh Schedule and the Tamil Nadu Panchayats Fishery Rights Rules 1999 and Auction Rules 2001. Held: pursuant to G.O.Ms.No.1 dated 06.01.2025 dissolving all panchayats and nominating the Block Development Officer to administer them, the petitioner had no locus standi; the petition also suffered from delay and laches, the petitioner having remained quiet since the order dated 09.08.2024 in his earlier W.P.Nos.13051 & 13057 of 2020, wherein liberty to work out remedies had been granted; the petition was an indirect attempt to reopen an extinguished right, and reliance on Section 261 of the Tamil Nadu Village Panchayats Act, 1994 failed once the term had expired. Writ petition dismissed with no costs; connected miscellaneous petition closed.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2025

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CORAM

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THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

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W.P.No.447 of 2025 and W.M.P.No.539 of 2025

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Alangudi Village Panchayat Rep. by its President -cum-Executive Authority Alangudi Village, Valangaiman Taluk, Thiruvarur District

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.. Petitioner

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Vs.

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1.The Secretary to Government of Tamil Nadu, Department of Revenue,

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Fort St. George,

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Chennai – 600 009.

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2.The District Collector, Thiruvarur District.

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3.The Block Development Officer, Village Panchayats, Valangaiman Taluk, Thiruvarur District.

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4.The Tahsildar, Valangaiman Taluk, Thiruvarur District.

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https://www.mhc.tn.gov.in/judis

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5.The Assistant Commissioner/Executive Officer, Abath Sagayeeswarar Temple & Abhaya Varadharaja Perumal Temple, HR & CE Department, Alangudi Village, Valangaiman Taluk, Thiruvarur District.

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6.G.Dakshinamoorthy

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7.V.Gopal .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the fishery rights in Government Poramboke Kuttai, Kulam and other water bodies in the petitioner village panchayat are vested with the petiitoner / Alangudi Village panchayat in view of the specific power given to the village Panchayats in the Constitution of India Under Part IX through thee 73rd Amendment Act, 1992 vesting the “Fishery Rights” with the village panchayats concerned under Article 243-G and XI Schedule; the Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights in water sources vested and regulated by Village Panchayats and Panchayat Union Councils) Rules 1999; and the Tamil Nadu Panchayats (Procedure for Conducting Public Auction of Leases and Sales in Panchayats) Rules, 2001.

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For Petitioner .. Mr.S.Sathiaseelan

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For Respondents .. Mr.S.J.Mohamed Sathik Government Advocate for R1, R2 & R4 Mr.E.Vijay Anand Additional Government Pleader for R3 Mr.N.R.R.Arun Natarajan Additional Government Pleader for R5

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https://www.mhc.tn.gov.in/judis

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ORDER

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This writ petition has been filed in the nature of writ of declaration seeking a declaration that the fishery rights in Government poramboke Kuttai, Kulam and other water bodies in the petitioner village panchayats are vested with the petitioner / Alangudi Village panchayat. According to the petitioner, specific power is given to the village Panchayats Under Part IX of the Constitution through the 73rd Amendment Act, 1992.

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2.It is contended that under the said amendment, fishery rights vested with the village panchayats. The petitioner is deeply aggrieved with an Auction Notice issued for the fishery rights of kulam, kuttai, ponds and other water bodies within the jurisdiction of the petitioner panchayat at Alangudi in Valangaiman Taluk in Tiruvarur District. But however, it is seen from the records that the writ petition has been filed on 03.01.2025. The petitioner as a President of the Panchayats Union had taken oath on 06.01.2020 and should have known and must have known and if he had not known, then it is to his advantage since the time of office would expire on 05.01.2025. On the last working day which he is holding office, the present writ petition has been filed.

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https://www.mhc.tn.gov.in/judis

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3.On 06.01.2025, the Government had passed G.O.Ms.No.1 dated 06.01.2025, Rural Development and Panchayat (PR-1) Department, wherein all the Panchayats were dissolved owing to efflux of time and to administer the panchayats, the Block Development Officer had been nominated. The writ petitioner therefore has no locus as on date to maintain the writ petition. The auction notice was issued in December, 2025 and even the auction notice had not been challenged till this date. The petitioner is deeply aggrieved by the auction notice being issued by the 5^th respondent, the Assistant Commissioner/Executive Officer, Abath Sagayeeswarar Temple & Abhaya Varadharaja Perumal Temple at Alangudi in Tiruvarur District.

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4.On behalf of the 5^th respondent, the learned Special Government Pleader brought to the notice of this Court the earlier writ petitions filed by the petitioner himself in W.P.Nos.13051 & 13057 of 2020, questioning the auction issued on behalf of the 5^th respondent for fishery rights with respect to the ponds in Alangudi village. The learned single Judge of this Court had noted that auction had been conducted and the period of lease itself had been over and that therefore, nothing survives for further adjudication. That order was passed on 09.08.2024 and in the said order, the petitioner was granted liberty to workout their remedy in manner

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https://www.mhc.tn.gov.in/judis

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known to law. The petitioner had kept quiet on and from 09.08.2024 and just a day before he has to relinquish the office he has filed the present writ petition.

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5.It is an indirect way of reopening a right which stood extinguished bypassing G.O.Ms.No.1 dated 06.01.2025. The locus of the petitioner is seriously

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asailed on behalf of the respondents by the learned Special Government Pleader.

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6.The petitioner has no locus as on date. If merely because the learned single Judge had observed that writ petitioner can workout their remedy would not mean on that the last day available to him, he should file the writ petition. If he is interested in the village panchayat, he should have taken up the issue right from the date on which the earlier order was passed. The petition suffers from delay and laches. The writ petitioner has no locus to maintain the writ petition.

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7.The learned counsel for the petitioner placed reliance Section 261 of the Tamil Nadu Village Panchayts Act, 1994. But the petitioner's term of office has expired and the Block Development Officer alone is in charge. Therefore, the petitioner does not have any right to maintain the writ petition.

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https://www.mhc.tn.gov.in/judis

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8.Accordingly, the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

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08.01.2025

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Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order Neutral Citation:Yes/No ssr

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1.The Secretary to Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai – 600 009.

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2.The District Collector, Thiruvarur District.

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3.The Block Development Officer, Village Panchayats, Valangaiman Taluk, Thiruvarur District.

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4.The Tahsildar, Valangaiman Taluk, Thiruvarur District.

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https://www.mhc.tn.gov.in/judis

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5.The Assistant Commissioner/Executive Officer, Abath Sagayeeswarar Temple & Abhaya Varadharaja Perumal Temple, HR & CE Department, Alangudi Village, Valangaiman Taluk, Thiruvarur District.

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https://www.mhc.tn.gov.in/judis

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C.V.KARTHIKEYAN,J.

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ssr

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W.P.No.447 of 2025 and W.M.P.No.539 of 2025

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08.01.2025

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