Madras High CourtWP(MD)/17375/2025disposed of

Paneer Selvam v. The Commissioner

2025-06-26Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.13241 & 13242 of 2025 Paneer Selvam ... Petitioner Vs

1. The Commissioner, 2.The Assistant Commissioner,

3. Thakkar/Executive Officer, Arulmugu Sellayi Amman Thirukkovil, Nemam, Boodhalur Taluk, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the Pubic 1/6

Auction Notice nil dated on the file of the 3rd respondent and quash the same as illegal.

For petitioner : Mr.S.A.Ajmal Khan For respondents : Mr.S.S.Madhavan Additional Government Pleader

ORDER

The petitioner has challenged the impugned auction notice which seeks auction the fishing rights in the tank in S.No.73 measuring an extent of 0.78.0 ares in Nemam village, Boothalur Taluk, Thanjavur District.

2. It is informed by the learned counsel for the petitioner that the petitioner has been fishing in the above said water body for considerable long period of time and the second respondent has issued the impugned auction notice as if the opposite water body belongs to the third respondent temple. 3.On the other hand, it is informed by the learned counsel for the third respondent that the petitioner's brother had earlier challenged the public auction notice dated 28.06.2023, and this Court by its order dated 16.12.2024 in 2/6

W.P(MD)No.17187 of 2023 had intervened in the light of the admissions made in point 13 of the counter of the respondent in W.P(MD)No.17187 of 2023 and in view of the same, tender notification was set aside. 4.However, the learned counsel for the third respondent undertakes that a fresh tender notification will be issued strictly in accordance with the Serial No. 39 of the provisions of the Religious Institutions(Lease of immovable property) Rules, 1963 and in accordance with Section 34A of the HR&CE Act.

5. Recording the above said undertaking, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 26.06.2025 Internet : Yes / No PJL To

1. The Commissioner, 3/6

2.The Assistant Commissioner,

3. Thakkar/Executive Officer, Arulmugu Sellayi Amman Thirukkovil, Nemam, Boodhalur Taluk, 4/6

5/6

C.SARAVANAN, J.

PJL 26.06.2025 6/6