A.PEER MOHAMED Vs. DISTRICT COLLECTOR CUM CHIEF EXECUTIVE OFFICER, FISH FARMERS DEVELOPMENT AGENCY, TIRUNELVELI, TIRUNELVELI DISTRICT.

JUDGEMENT

(1.) The present Writ Petition has been filed challenging a public auction notice issued by the second respondent herein, under which, tender was called for with regard to thirteen tanks for carrying out fishing activities for the period between 1/6/2012 to 31/5/2013.

(2.) According to the petitioner, the present writ petition has been filed challenging the auction notice with regard to two tanks, namely, Thanjavur Kulam and Niraikulam, which are found in serial Nos.3 and 4 of the above said impugned auction notice.

(3.) The petitioner has contended that both the above said tanks fall within Shengottai Taluk, which was originally under the administrative control of State of Travancore-Cochin. Both the tanks from time immemorial were maintained by the Ayacutdhars attached to the said tank. They used to perform repair (Kudimaramathu) activities for the said tank. Hence, they are entitled to auction the fishery rights of these two respective tanks and spend the money for the up keep and maintenance of the said tanks. The petitioner has further contended that this tradition and custom was followed in the erstwhile Travancore-Cochin State. Even after the merger of Shengottai Taluk with the State of Tamilnadu, the said traditions and customs have to be followed.