K SUNDARAM PILLAI, MANOHARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Claiming fishing rights in Periya Kanmoi in Koilpapakudi Village, and aggrieved against the concurrent findings of the Courts below, dismissing Plaintiff's suit for permanent injunction, the unsuccessful Plaintiffs/ Ayakatdars of the said tank have preferred this second appeal.

(2.) Periya Kanmoi in Koilpapakudi Village [in short, 'the suit tank'], belongs to the Government and is vested with the Public Works Department. The case of Ayakatdars is that though the tank belonged to the Government, the fish in the tank was harvested by Ayakatdars and the income derived from it was used for the maintenance of the tank and celebration of festival and right of Ayakatdars is recognized even in Village Settlement Register in the year 1820. Further case of the Plaintiffs' is that they are in long, continuous and open enjoyment and are paying 'Pasi Vari' and Plaintiff's have acquired fishing right by being in enjoyment for more than the statutory period. Challenging the proposal of Government to hand over the tank to Madurai District Fish Farmers Development Agency and alleging that the Defendants are trying to interfere with the fishery rights of Plaintiffs, Plaintiffs/Ayakatdars have filed the suit for declaration that the Plaintiffs have fishery right over the suit tank and for permanent injunction.

(3.) Resisting the suit, the Defendants have filed Written Statement contending that only as a temporary arrangement, the Government collected 'Pasi Vari' and allowed Ayakatdars to fish in the tank and in the District Gazette dated 05.11.1986, the fishery right given to Ayakatdars of the tanks had been taken over for the purpose of intensive fish culture and marketing scheme. Thus the permission granted to Ayakatdars to fish was abolished and therefore, Ayakatdars cannot claim any right over the tank and hence the Plaintiffs are not entitled for any declaration and injunction sought for in the suit.