Judgment :- The Petitioner seeks Writ of Mandamus forbearing the Respondents from interfering with the fishery right of the Petitioner in respect of Palamedu Chinna Lake situate within the Panchayat limits of the Petitioner Village Panchayat and forbearing the Respondents from auctioning the fishery right in respect of the said lake. 2. The Petitioner is the then elected Panchayat President of Palamedu Village Panchayat. Palamedu Chinna Lake is situated within the area of Palamedu Village Panchayat. Area of the said lake is about 17 Hec. 3. Case of Petitioner Panchayat is that:-Palamedu Chinna Lake is vested with the Panchayat and the Panchayat has been getting Revenue from leasing of the said Lake. As per Rule 12 of 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, the Executive Officer of the Village Panchayat is competent authority to conduct Public Auction of fishery rights in the water sources situated within the respective area of the Panchayat. Government has also issued Book consisting of rights and duties of the Village Panchayat. Clause 8 gives power for Village Panchayat to issue licence for the fishery rights in the water sources situate in the area of Village Panchayat and to lease out the water sources belonging to Village Panchayat. Regarding fishery rights in Palamedu Chinna Lake for the period from 01.01.2002 to 312. 2002, fishing auction was conducted and Auction was confirmed in favour of one Rajamuthu, who was the highest bidder and lease was granted in his favour for Rs.16,300/-. Alleging that the Respondents are trying to grant licence for fishery rights of Palamedu Chinna Lake of Petitioner Panchayat to a Member of a Co-operative Society for a paltry sum of Rs.1,700/-, the Petitioner Panchayat has filed this Writ Petition. 4. Stating that Palamedu Chinna Lake situated in Palamedu Village vests with the Public Works Department and they maintain the same, Public Works Department has filed Counter Affidavit. 5. Laying emphasis upon G.O.Ms.No.169 Rural Development (P3) Dated 16.08.1999, learned counsel for the Petitioner contended that even though Palamedu Chinna Lake is owned and maintained by P.W.D., the Panchayat is competent to auction the fishery rights and only villagers can exercise the fishery rights. 6. 5. Laying emphasis upon G.O.Ms.No.169 Rural Development (P3) Dated 16.08.1999, learned counsel for the Petitioner contended that even though Palamedu Chinna Lake is owned and maintained by P.W.D., the Panchayat is competent to auction the fishery rights and only villagers can exercise the fishery rights. 6. As per the descriptive Memoirs of irrigation works in the Tirumanimuthar Minor Basin of Cauvery River Basin, Palamedu Chinna Eri situated in Palamedu Village of Tiruchengode Taluk, Namakkal District is owned by Public Works Department and maintenance works are being carried out by P.W.D. The Tank with capacity of 9.57 mc.ft., irrigates 106.36 acres of registered ayacut lands. Admittedly, Palamedu Chinna Lake is maintained by P.W.D and it is not a Panchayat Union Tank. Extract of the Memoirs of Sarabanga Basin Sub-Division was produced by the Respondents showing that the said inland water source vest with the Public Works Department. 7. Both P.W.D and the Petitioner Panchayat refer to G.O.Ms.No.169 dated 16.08.1999 for claiming fishery rights. In exercise of the powers conferred by Section 242 of Tamil Nadu Panchayat Act and in super session of The Tamil Nadu Lease and Licencing of Fishery Rights in Panchayats (Panchayat Unions) Rules 1983, Tamil Nadu Government has framed the Rules - 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, which was notified in G.O.Ms.No.169 dated 16.08.1999. 8. The said Rules govern fishery rights in the water sources. As per Rule 2, no person shall take any fish from the water sources specified in Appendix I except under a Lease or Licence granted by the Village Panchayat or the Panchayat Union Council. Appendix I of the Rules reads as follows:- “1. Irrigation sources which are entrusted to Panchayat Union Council under Section 133(1) of the Tamil Nadu Panchayat Act, 1994 and maintained by them and Non provincialised water sources of the Public Works Department and maintained by them. 2. Irrigation sources which are entrusted to Panchayat Union Council under Section 133 (1) of the Tamil Nadu Panchayat Act, 1994 but maintained by Village Panchayats. 3. All Public Water sources vested with Village Panchayats”. 9. G.O.Ms.No.169 dated 16.08.1999 is applicable only in respect of irrigation sources, which are entrusted to Panchayat Union Council under Section 133(1) of the Tamil Nadu Panchayat Act, 1994. 3. All Public Water sources vested with Village Panchayats”. 9. G.O.Ms.No.169 dated 16.08.1999 is applicable only in respect of irrigation sources, which are entrusted to Panchayat Union Council under Section 133(1) of the Tamil Nadu Panchayat Act, 1994. Section 133 of the Act deals with Transfer of any irrigation work to Village Panchayat and Maintenance of Irrigation works. Sec.133 (1) and (3) read as follows:- “133. Maintenance of irrigation works, execution of kudimaramat, etc., - (1) Subject to such conditions and control as may be prescribed, the Government may transfer to any village panchayat or to any panchayat union council the protection and maintenance of any irrigation work, the management of turns of irrigation, or the regulation of distribution of water from any irrigation work to the fields depending on it. ……… (3) Where the maintenance of any irrigation work, is transferred under this Section, the fishery rights of Government in such work shall be transferred to and be vested in the village panchayat or the panchayat union council, as the case may be, subject to such terms and conditions including terms and conditions regarding the utilization of the income, as may be prescribed by the Government. …” 10. It is thus clear Village Panchayat is empowered to exercise the fishery rights only if the irrigation source is transferred to Village Panchayat. The Petitioner Panchayat had not produced any document showing transfer of Palamedu Chinna Lake to Village Panchayat for maintenance of any irrigation work. In the absence of any material showing such transfer / entrustment of Palamedu Chinna Lake to Petitioner Panchayat, the Petitioner cannot seek exercise of fishery rights in Palamedu Chinna Lake. 11. As noticed earlier, P.W.D has produced descriptive Memoirs of irrigation works showing that Palamedu Chinna Lake is owned by P.W.D. and maintenance works are being carried out by P.W.D. In the inland water sources vested with P.W.D, Palamedu Panchayat has no right to conduct Public Auction of fishery rights. 12. Another grievance of Petitioner is that P.W.D has given fishery rights to a Cooperative Society for a paltry sum of Rs.1700/-. As per clause 12(2) of the Appendix of the Rules Annexed to G.O.Ms.No.169 dated 16.08.1999, when an Auction for the fishery rights takes place, if any Fishery Co-operative Society participating in the Auction comes forward to match the highest bid, preference shall be given to such Fishery Co-operative Society. As per clause 12(2) of the Appendix of the Rules Annexed to G.O.Ms.No.169 dated 16.08.1999, when an Auction for the fishery rights takes place, if any Fishery Co-operative Society participating in the Auction comes forward to match the highest bid, preference shall be given to such Fishery Co-operative Society. Paragraph 12 of the Appendix of the Rules reads as follows:- “……When the auction for the fishery rights takes place, if any fisheries Co-operative Society participating in the auction comes forward to match the highest bid, preference shall be given to such fisheries Co-operative Society. In case of more than one fisheries Co-operative Society participating in the auction, the highest bid of the Co-operative Society shall be finalized……” The grievance of the Petitioner in respect of fishery rights given to a Co-operative Society has no justifiable basis. 13. The Petitioner Panchayat has not produced any document showing transfer / entrustment of Palamedu Chinna Lake to Palamedu Village Panchayat. The Petitioner Panchayat cannot seek to restrain P.W.D from exercising fishery rights over the disputed lake. This Writ Petition has no merits and is liable to be dismissed. 14. Accordingly, this Writ Petition is dismissed. No costs.