JUDGMENT : 1. The instant public interest litigation has been filed for a writ of Certiorarified Mandamus to call for the records pertaining to the Government order dated 11.04.2017 passed by the District Collector, Nagapattinam in Na.Ka.No.735/Mineral/2015 in respect of Sl.No.60 and 61 in the said Government order being Chinna Eri in Survey No.242/1 measuring to an extent of 21.20.5 and Periya Eri in Survey No.374/1 measuring to an extent of 15.15.05 Hectares situated in Prathabaramapuram Panchayat, Kilvelur Taluk, Nagapattinam District and to implement the National Rural Employment Guarantee Act, 2005. 2. The petitioner submits that the village Prathabaramapuram Panchayat, Kilvelur Taluk is surrounded by lot of Water bodies and the entire village depends on Agriculture for livelihood. He states that in the year 2011, the Panchayat was facing heavy economic burden and the Panchayat President Mr.R.E.Swaminathan decided to desilt the five tanks namely (i) Kazhuvakkulam (S.No.281/1), (ii) Kattukulam (S.No.314/1), (iii) Uppukulam (S.No.298/1A), (iv) Sitheri (S.No.242/1 and (v) Santhiravathi and sell the soil which is obtained on desilting for generating funds to the panchayat. Proposal was sent. Since there was no action on the proposal, writ petition No.10051/2011 was filed in this Court. The said writ petition was disposed of by an order dated 20.09.2011 wherein it was observed as under:- “3. Heard the parties and perused the records. The grievances of the petitioner is that as per the Panchayat resolution. The tanks are sought to be de-silted and the byproduct namely desilted sand sought to be utilized. As per the recommendation made by the second respondent on the resolution dated 06.01.2011 no permission has been obtained under Mines and Mineral Concession Rules 1959 from the first respondent. 4. Without going into the merits of the case, this court directs the first respondent to take appropriate decision with regard to the opinion expressed by the second respondent through his letter dated 09.03.2010 and dispose of the same on its own merits and in accordance with law within eight weeks from the date of the receipt of a copy of the order.” 3. It is submitted that the petitioner has filed another writ petition in W.P.No.40307 of 2016 for a direction to the Special Officer-Cum-Block Development Officer, Village Panchayat, Panchayat Union Office, Keezhaiyur, Pradhabaramapuram Panchayat, Kilvelur (Taluk), Nagapattinam District to implement the resolution for desilting the tanks and taking soil. It is submitted that the petitioner has filed another writ petition in W.P.No.40307 of 2016 for a direction to the Special Officer-Cum-Block Development Officer, Village Panchayat, Panchayat Union Office, Keezhaiyur, Pradhabaramapuram Panchayat, Kilvelur (Taluk), Nagapattinam District to implement the resolution for desilting the tanks and taking soil. The said writ petition was disposed of by the order dated 17.11.2016 by this Court has observed as under:- “1. The petitioner submits that the representation dated 31.10.2016 has been submitted in view of Resolution No.24 dated 15.08.2016 passed by the Grama Sabha, Prathabaramapuram Panchayat, Keezhaiyur Taluk, requiring desilting of the lake as set out in the resolution. It is the say of the petitioner that instead of getting this work done through private contractors, in order to generate employment, the same may be carried out under the National Rural Employment Guarantee Act, 2005. The Panchayat, at present, is being administered by the Special Officer. 2. We are of the view that the prayer would depend on the feasibility of what the petitioner states and it is for the concerned authority to examined the same and thus, the representation of the petitioner referred to aforesaid be examined for its feasibility. 3. Writ petition, accordingly, stands disposed of. No costs.” 4. It is further contended that instead of implementing the order of the High Court, the contract of desilting has been given to the private parties without following the procedure prescribed in the Tamil Nadu Tender Transparency Act, 1998 in respect of Chinna Eri and Periya Eri. The petitioner therefore filed this present writ petition that instead of the private parties desilting the tanks and taking the soil. The villagers cannot be permitted to desilting the tanks and take the soil. 5. It is the submission of the petitioner that the decision to give the desilting to the contract is against the direction of this Court order dated 17.11.2016 in W.P.No.40307 of 2016. 6. Notice was issued by this Court on 24.05.2017. The respondents have entered appearance. 7. The District Collector has filed the counter affidavit contending that the decision to lease out the right to desilt is in line with the Rule 12(2) and Rule 12(2-A)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959. 6. Notice was issued by this Court on 24.05.2017. The respondents have entered appearance. 7. The District Collector has filed the counter affidavit contending that the decision to lease out the right to desilt is in line with the Rule 12(2) and Rule 12(2-A)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959. It is further stated that the work of desilting in respect of Chinna Eri and Periya Eri cannot be given under the National Rural Employment Guarantee Act Scheme, since the extent of two Eris are about 21.20.5 and 15.15.05 Hectares and the work cannot be done manually. 8. Heard the learned counsel for the parties. 9. Rule 12(2) and Rule 12(2-A) were introduced in the Tamil Nadu Minor Mineral Concession Rules,1959 prescribing the procedure to getting permission to remove the silt, savudu from the tanks under control of Public Works Department and Rural Development and Panchayat Raj Department for commercial purposes. 10. The Government Order dated 23.09.2015, Rule 12 of the Tamil Nadu Minor Mineral Concession Rules, 1959 is reads as under:- “No. SRO A-15(a)/2015. In exercise of the powers conferred by sub-sections (1) and (1-A) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Minor Mineral Concession Rules, 1959. AMENDMENTS. In the said rules,- In rule-12, for sub-rule (2), the following sub-rules shall be substituted, namely :- (2) For quarrying silt, savudu and gravel from the beds of tank under the control of Public Works Department or Rural Development and Panchayat Raj Department, the Tahsildars shall prepare the list of tanks and submit their proposal to the District Collector. The list of tanks shall be referred by the District Collector to the Executive Engineer, Public Works Department or Executive Engineer, Rural Development and Panchayat Raj Department as the case may be in respect of tanks in-charge for demarcation of eligible areas and for estimation of quantum of mineral to be removed in respect of each area along with the conditions to be stipulated for removal of mineral from the tanks. The public may be allowed to quarry free of charge for bonafide domestic or agricultural purposes earth, silt, savudu, etc., from the beds of tanks under the control of the Public Works Department or Rural Development and Panchayat Raj Department which are notified by the Collector in the District Gazette under this Rule after obtaining permission from the District Collector for quarrying, provided that the dwelling place or agricultural land of the person concerned and the quarrying place shall be in the same revenue village or in the adjoining revenue village. “Provided that the quantity of mineral proposed to be removed from the tanks shall not exceed 30 Cu.mtrs. (or 5 lorry loads of 200 cft each)” “Provided further that prior permission shall be obtained from the District Collector for removal of such quantity of mineral from the tanks and the period of permission shall not exceed 10 days”. “Provided further that quarrying shall be permitted only in the area demarcated by the Public Works Department/Rural Development and Panchayat Raj Department for this purpose”. “Provided further that quarrying shall be permitted only in the area demarcated by the Public Works Department/Rural Development and Panchayat Raj Department for this purpose”. Any removal of mineral from these lands shall be subject to the following restrictions, namely:- (i) Pits shall be at a distance of at least twice the height of the bund from the toe of the bund and they shall not be more than one metre in depth (the depth shall be less, if pits one metre deep are likely to expose porous strata); (ii) Earth, silt, savudu, etc., shall not be carted along the tank bund unless the bund is a recognized road or cart-track; (iii) Bunds shall not be cut to enable to pass; (iv) Earth, silt, savudu, etc., removed should not be stacked on tank beds, sluice or any other masonry works of the tanks and causeways or slopes of the bunds; and (v) Vehicles and carts shall not touch any portion of the revetment, sluice or any masonry works of the tanks and cause damage to them.” (2-A) (a) If the available quantity as estimated by the Public Works Department/Rural Development and Panchayat Raj Department exceeds 30 cbm., subject to the conditions specified in sub-rule (2), quarrying for other than bonafide domestic or agricultural purposes earth, silt, savudu, etc., from the beds of tanks under the control of the Public Works Department or Rural Development & Panchayat Raj Department which are notified by the District Collector in the District Gazette under sub-rule (2), shall be made subject to the previous permission being obtained from the District Collector concerned on payment of the cost of minerals and seigniorage fee for the quantity of the above said mineral sought to be removed at the rates specified in Appendix-II to these rules. For obtaining permission, an application shall be submitted to the District Collector in Form in Appendix–VI-C to be accompanied with a non-refundable application fee of Rs.1,500/- remitted in the District Treasury concerned and with the following documents, namely:- (i) An affidavit showing the details of areas mineralwise in each district of the State, which the applicant or any person jointly with him – (a) already holds under a quarrying lease; (b) already applied for but not yet granted; (c) being applied for simultaneously; (ii) A valid mining nodues clearance certificate obtained from the Collector of the District in Form in Appendix-VIII to these rules or an affidavit stating that the applicant is not holding any quarry lease in the State and that there are no mining dues to be paid to the Government; and (iii) An affidavit stating that the applicant has - (a) filed up-to-date income tax returns; (b) paid the income tax assessed on him; (c) paid the income tax on the basis of the self assessment as provided in the Income Tax Act, 1961 (Central Act 58 of 1962). (b) The District Collector shall place all eligible applications before a Special Committee constituted by the District Collector consisting of the following officers, namely :- (1) District Collector Chairman (2) Revenue Divisional Officer concerned. Member (3) Project Director, (District Rural Development Agency) Member (4) Executive Engineer (Public Works Department), in charge of Tanks. Member (5) Joint Director of Agriculture of the District Member (6) Deputy Director or Assistant Director of Geology and Mining of the District, as the case may be. Convener (c) The Special Committee shall scrutinize the applications and furnish its recommendations to the District Collector within thirty days from the date of placement of applications before the said Committee. (d) For selection of eligible applicants, the Special Committee shall take into consideration the nature of proposed usage of minerals, previous experience and performance of the applicant in the field of quarrying and mineral trade and to furnish specific recommendations on the quantity of mineral to be removed and period of permission to be granted. The Special Committee shall also decide as to whether the quantity of minerals removed is granted equally among all eligible applicants or proportionately depending upon the quantity applied for by the applicants: (e) Based on the recommendation of the Special Committee, the District Collector shall pass orders on the applications. The Special Committee shall also decide as to whether the quantity of minerals removed is granted equally among all eligible applicants or proportionately depending upon the quantity applied for by the applicants: (e) Based on the recommendation of the Special Committee, the District Collector shall pass orders on the applications. (f) The period of permission to be granted under this sub-rule shall not exceed three months. (g) Permission granted under this sub-rule shall not be renewed or extended for any reason including that the person permitted could not mine or remove the mineral for whatever reason. He will not be entitled for refund of any cost or money incurred in the process. If the permitted quantity is not removed within the stipulated period, the applicant will not be entitled for removal of unutilized quantity of mineral. (h) In the event, it is found that, the permission-holder has removed in excess of the permitted quantity or if any other violation of the conditions of grant of permission is brought to notice, the permission shall stand cancelled and damages if any to the tank, approach road, etc., will be recovered from him depending upon the excess quantity mined and the extent of damage caused to the tanks. Any cost incurred for the restoration of the tank shall also be recovered from the permission-holder. C.V. SANKAR, Additional Chief Secretary to Government. (2) After APPENDIX VI-B, the following APPENDIX shall be inserted, namely:- “APPENDIX – VI-C (See rule 12) APPLICATION FOR GRANT OF QUARRYING PERMISSION FOR EARTH, SILT, SAVUDU, ETC., IN TANKS (To be submitted in triplicate) Dated _day of ___20____ From To Sir, I/We submit this application under rule 12 (2-A) of the Tamil Nadu Minor Mineral Concession Rules, 1959 in respect of District Gazette Notification No. ____________, Dated ______________ The required particulars are given below: - 1. Name of the applicant with full address 11 2. (a) Is the applicant an individual or a Private Company or Firm or Association (b) If the applicant is an individual, specify his Nationality (c) If the applicant is a private company, Firm or Association, name of Directors, Partners, Members and their Nationality (Documentary evidence should be produced). 3. Particulars of remittance of application fee Furnish the number and date of demand draft. (Enclose the demand draft). 4. Residential proof of the applicant. 5. 3. Particulars of remittance of application fee Furnish the number and date of demand draft. (Enclose the demand draft). 4. Residential proof of the applicant. 5. Has the applicant filed an affidavit stating that the applicant - (a) has filed up-to-date income tax returns; (b) has paid the income tax assessed on him; and (c) has paid the income tax on the basis of self-assessment as prescribed in the Income Tax Act, 1961. 6. Particulars of areas already held under quarrying lease in Tamil Nadu 7. (a) Whether Mining Dues Clearance Certificate towards payment of quarrying dues, if any, enclosed. (b) If on the date of application the applicant does not hold any quarrying lease/mining lease whether an affidavit to this effect is furnished. 8. Minor mineral which the applicant intends to quarry 9. Purpose for which mineral is required 10. Period for which quarrying permission is required. 11. Quantity of mineral required. 12. Total extent of area applied for. 13. Details of area for which the quarry permission application is made District Taluk Village Survey No. Area in Hectares (1) (2) (3) (4) (5) I/We do hereby declare that the particulars furnished above are correct and am / are ready to furnish any other details as may be required by the District Collector. I / We hereby swear and state that I / We know very well about the provisions contained in the Tamil Nadu Minor Mineral Concession Rules, 1959, in respect of granting of quarry permission applied for and other conditions stipulated in connection with the quarrying operations. Yours faithfully, Place: Date: (Signature of applicant) C. SANKAR, CI. Additional Chief Secretary to Government.” 11. The Government Order dated 27.04.2017 amending Rule 12(2-A)(a) of the Tamil Nadu Minor Mineral Concession Rules,1959 reads as under:- “[G.O. (Ms.) No. 50, Industries (MMC-1), 27th April 2017, No. SRO A-19(a)/2017. Yours faithfully, Place: Date: (Signature of applicant) C. SANKAR, CI. Additional Chief Secretary to Government.” 11. The Government Order dated 27.04.2017 amending Rule 12(2-A)(a) of the Tamil Nadu Minor Mineral Concession Rules,1959 reads as under:- “[G.O. (Ms.) No. 50, Industries (MMC-1), 27th April 2017, No. SRO A-19(a)/2017. In exercise of the powers conferred by sub-sections (1) and (1-A) of Section 15 of the Mines and Minerals (Development and Regulations) Act, 1957 (Central Act 67 of 1957), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Minor Mineral Concession Rules, 1959, namely:- AMENDMENT In the said Rules, in rule 12, — (1) for sub-rule (2), the following sub-rule shall be substituted, namely:- “(2) (a) Notwithstanding anything contained in these rules, for quarrying clay, silt, savudu and gravel from the beds of 13 tanks, channels and reservoirs in the State (except Chennai, Kancheepuram and Tiruvallur Districts) under the control of Public Works Department or Rural Development and Panchayat Raj Department, the Executive Engineer, Public Works Department or the Executive Engineer of the Rural Development and Panchayat Raj Department, as the case may be, shall prepare the list of tanks, channels and reservoirs and submit their proposal to the District Collector for removal of clay, silt, savudu and gravel from the beds of tanks, channels and reservoirs with demarcation of eligible areas and the estimation of quantum of such mineral to be removed in respect of each area along with the conditions to be stipulated for removal of such mineral from the tanks, channels and reservoirs. The District Collector shall notify the said list in the District Gazette. The District Collector shall notify the said list in the District Gazette. (b) Any person engaged in the making of pots or any registered Pottery Labourers Co-operative Society registered under the Tamil Nadu Co-operative Societies Act,1983 (Tamil Nadu Act 30 of 1983) for making pots, the public for bonafide domestic purpose and the farmers for agriculture purpose be allowed to quarry clay, silt, savudu and gravel, on free of charges from the beds of tanks, channels and reservoirs under the control of the Public Works Department or Rural Development and Panchayat Raj Department which are notified by the District Collector in the District Gazette under this rule after obtaining permission from the District Collector for quarrying: Provided that the dwelling place or agricultural land of the person concerned and the quarrying place shall be in the same revenue Village or in the adjoining revenue Village. For removal of the above said minerals by any person for agricultural purpose shall produce a certificate issued by the Village Administrative Officer to the effect that they are holding lands in their name or a cultivating tenant as per Adangal Register: Provided further that the quantity of silt and clay proposed to be removed for agricultural purpose from the beds of tanks, channels and reservoirs shall not exceed 75 Cubic meters per acre (185 Cubic meters per Hectare) for wet lands and a quantum not exceeding 90 Cubic meters per acre (222 Cubic meters per Hectare) for dry lands once in two years. The quantity of earth, savudu and gravel proposed to be removed for other domestic purposes shall not exceed 30 cubic meters. The quantity of clay proposed to be removed for making pots shall not exceed 60 cubic metres: Provided also that prior permission shall be obtained from the District Collector for removal of such quantity of minerals from the tanks, channels and reservoirs and the period of permission shall not exceed 20 days: Provided also that quarrying shall be permitted only in the area demarcated by the Public Works Department or Rural Development and Panchayat Raj Department, as the case may be, and the minerals shall be loaded in the Vehicles brought by the applicant by the Public Works Department or Rural Development and Panchayat Raj Department, as the case may be. (c) Any removal of mineral from these lands shall be subject to the following restrictions, namely:— (i) Pits shall be at a distance of at least twice the height of the bund from the toe of the bund and they shall not be more than one metre in depth (the depth shall be less, if pits one metre deep are likely to expose porous strata) ; (ii) Clay, silt, savudu and gravel shall not be carted along the tank bund unless the bund is a recognized road or cart-track ; (iii) Bunds shall not be cut to enable to pass ; (iv) Clay, silt, savudu and gravel removed should not be stacked on tank beds, sluice or any other masonry works of the tanks and causeways or slopes of the bunds ; and (v) Vehicles and carts shall not touch any portion of the revetment, sluice or any masonry works of the tanks and cause damage to them.”; and (2) in sub-rule (2-A), in clause (a), for the expression “30 cubic meters”, the expression “222 cubic meters” shall be substituted.” 12. A perusal of the above mentioned Rules shows the manner in which applications should be made for getting permission to desilt lakes which are under the control of Public Works Department, Rural Development and Panchayat Raj Department. The applications which are filed are scrutinized by a Special Committee which is constituted by the District Collector. 13. The counter affidavit would show that following the notification applications were received for quarrying the earth for free of cost from Chinna Eri and after scrutinizing the applications the permission to quarry has been given. A perusal of the affidavit would show that there is no infirmity in the manner of selection of persons to whom right to desilit and quarrying the savudu/soil has been given to private persons. The selection is in accordance with the amendments brought in to the Tamil Nadu Minor Mineral Concession Rules, 1959. 14. A perusal of the orders passed by this Court in W.P.No.40307 of 2016 would show that there is no positive mandate from this Court that the right to desilt the tank and take away the savudu/soil should be given only to the Panchayat and not to any outsiders. 14. A perusal of the orders passed by this Court in W.P.No.40307 of 2016 would show that there is no positive mandate from this Court that the right to desilt the tank and take away the savudu/soil should be given only to the Panchayat and not to any outsiders. It is pertinent to note that since the tank is very big one desilting process cannot be done manually and therefore it cannot be brought under the National Rural Employment Guarantee Act Scheme. 15. The petitioners have not produced any material to show that only the people in the village Panchayat has right to desilt the tank and only they are entitled to take away the savudu/soil. In the absence of any right the Panchayat cannot claim that only they should be given right to take away savudu/soil form the tank. It is well settled that the writ petition under Article 226 of the Constitution of India can only be maintained to enforce some sort of right in the petitioner. The Hon'ble Supreme Court of India time and again held that, there must be a judicially enforceable right as well as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right by some one who has a legal duty to do something or to abstain from doing something (Reference in Mani Subrat Jain and others Vs. State of Haryana and others, reported in 1977 (1) SCC 486 ). 16. Similarly, the Hon'ble Supreme Court of India has held that appropriate writs can be issued by the High Court under the said article even for purposes other than the enforcement of the fundamental rights and in that sense, a party who invokes the special jurisdiction of the High Court under Article 226 is not confined to cases of illegal invasion of his fundamental rights alone. But though the jurisdiction of the High Court under Article 226 is wide in that sense, the concluding words of the article clearly indicate that before a writ or an appropriate order can be issued in favour of a party, it must be established that the party has a right and the said right is illegally invaded or threatened. The existence of a right is thus the foundation of a petition under Article 226. The existence of a right is thus the foundation of a petition under Article 226. (Reference in State of Orissa Vs. Ram Chandra, reported in AIR 1964 SC 685 ). 17. Reliance by the petitioner on the judgment of the Hon'ble Supreme Court of India in the case of Village Panchayat, Calangute Vs Additional Director of Panchayat-II & others, reported in 2012 7 SCC 550 , is of no assistance to the petitioner. The counsel for the petitioner relied heavily on para 23 of the said judgment has reads as under:- “23. For achieving the objectives enshrined in Part IX of the Constitution, the State Legislatures have enacted laws and made provision for devolution of powers upon and assigned various functions listed in the Eleventh Schedule to the panchayats. The primary focus of the subjects enumerated in the Eleventh Schedule is on social and economic development of the rural parts of the country by conferring upon the panchayat the status of a constitutional body. Parliament has ensured that the panchayats would no longer perform the role of simply executing the programs and policies evolved by the political executive of the State. By virtue of the provisions contained in Part IX, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of the Government which is mandated to represent the interests of the people living within its jurisdiction. The system of panchayats envisaged in this part aims at establishing strong and accountable systems of governance that will in turn ensure more equitable distribution of resources in a manner beneficial to all.” 18. The right to take away the soil/savudu on desilting is governed by the Tamil Nadu Minor Mineral Concession Rules, 1959. The writ petition cannot claim any right on behalf of the Panchayat and cannot claim any right till the amendment is made in the said Rules. The paragraph quoted above is of more relevant to the facts and circumstances. 19. The petitioner has not established that the Panchayat has a right to desilt the tanks and take away savudu/soil. The relevant provisions of the National Rural Employment Guarantee Act, 2005 is completely misplaced. The writ petition is therefore dismissed. There shall be no order as to costs. Consequently connected miscellaneous petitions are also closed.