Kodaikanal Boat And Rowing Club vs The State Of Tamil Nadu on 9 July, 2026

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    Madras High Court

    Kodaikanal Boat And Rowing Club vs The State Of Tamil Nadu on 9 July, 2026

    Author: N.Sathish Kumar

    Bench: N.Sathish Kumar

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                              RESERVED ON : 25.06.2026
    
                                             PRONOUNCED ON : 09.07.2026
    
                                                          CORAM:
    
                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                                           AND
                                      THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
    
                           W.P.(MD)Nos.5090 of 2020, 15296 of 2021, 7479 of 2023 and 7206 of
                                                        2026
                                                         and
                                            W.M.P.(MD)No.5891 of 2026
    
                         W.P.(MD)No.5090 of 2020:
    
                         Kodaikanal Boat and Rowing Club,
                         Rep.by its Honorary Secretary,
                         VR Ramachandra Dorairaj,
                         Lake Road, Kodaikanal.                                    ... Petitioner
    
                                                            Vs.
    
                         1.The State of Tamil Nadu,
                           Rep.by its Secretary to Government,
                           Municipal Administration and Water Supply Department,
                           Fort St.George, Chennai-600 009.
    
                         2.The Commissioner of Municipal Administration
                                   Water Supply Department,
                           Water Supply Department,
                           Chepak, Chennai.
    
                         3.The District Collector,
                           Dindigul District, Dindigul.
    
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                         4.The Tahsildar,
                           Kodaikanal,
                           Dindigul District.
    
                         5.The Assistant Director of Fisheries,
                           Dindigul.
    
                         6.The Commissioner,
                           Kodaikanal Municipality,
                           Dindigul.                                      ...Respondents
    
    
                         PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                         India, to issue a Writ of Mandamus, directing the first respondent herein
                         to forthwith frame the rules and regulations with regard to the
                         registration and licensing of the boats operated by the Private Boat
                         Operators as well as Government Agencies as per G.O.Ms.No.105 dated
                         26.06.2009.
    
    
                                      For Petitioner    : Mr.Sarath Chandran
                                                          for Mr.Gopika Nambiar
                                      For Respondents   : Mr.T.Gowthaman (R1 to R3)
                                                           Additional Advocate General
                                                           assisted by Mr.M.S.Parthiban
                                                           Counsel for State
                                                          Mr.T.S.Mohammed Mohideen (R4)
                                                                   Standing Counsel
    
                         W.P.(MD)No.15296 of 2021:
    
                         M/s.Kodaikanal Boat and Rowing Club,
                         Rep.by its Honorary Secretary,
                         Lake Road, Kodaikanal                                      ... Petitioner
    
                                                            Vs.
    
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                         1.The Commissioner of Land Administration
                           Chepak, Chennai-600 005.
    
                         2.The District Collector,
                           Dindigul District, Dindigul.
    
                         3.The Commissioner,
                           Kodaikanal Municipality,
                           Kodaikanal.                                      ...Respondents
    
    
                         PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                         India, to issue a Writ of Mandamus, directing the second respondent
                         District Collector to renew the lease in favour of the petitioner Club in
                         respect of the land to an extent of 0.08 acres classified as lake poramboke
                         in Sy.No.234 of Kodaikanal Town and Taluk beyond the year 2022.
    
    
                                      For Petitioner      : Mr.Isaac Mohanlal
                                                             Senior Counsel
                                                            for M/s.Isaac Chambers
                                      For Respondents     : Mr.T.Gowthaman (R1 & R2)
                                                             Additional Advocate General
                                                             assisted by Mr.M.S.Parthiban
                                                             Counsel for State
                                                              Mr.T.S.Mohammed Mohideen (R3)
                                                                     Standing Counsel
    
                         W.P.(MD)No.7479 of 2023:
    
                         M/s.Kodaikanal Boat and Rowing Club,
                         Rep.by its Honorary Secretary,
                         Lake Road, Kodaikanal                                        ... Petitioner
    
                                                              Vs.
    
    
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                         1.The Additional Chief Secretary to Government,
                           Municipal Administration and Water
                                   Supply Department,
                           Fort St.George, Secretariat,
                           Chennai-600 009.
    
                         2.The Director of Municipal Administration
                                  and Water Supply,
                           No.78, Urban Administrative Building,
                           Santhome High Road,
                           Chennai-600 028.
    
                         3.The Commissioner,
                           Kodaikanal Municipality,
                           Kodaikanal.                                     ...Respondents
    
    
                         PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                         India, to issue a Writ of Mandamus, directing the first respondent to
                         consider and pass orders on the representation of the petitioner dated
                         12.12.2022 as as to include the petitioner as an undertaking authority
                         under the Kodaikanal Municipal Lake Boating (Regulations) By-Laws,
                         2022 within a time frame fixed by this Court.
    
    
                                      For Petitioner    : Mr.Isaac Mohanlal
                                                           Senior Counsel
                                                          for M/s.Isaac Chambers
                                      For Respondents   : Mr.T.Gowthaman (R1 & R2)
                                                           Additional Advocate General
                                                           assisted by Mr.M.S.Parthiban
                                                           Counsel for State
                                                            Mr.T.S.Mohammed Mohideen (R3)
                                                                   Standing Counsel
    
    
    
    
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                         W.P.(MD)No.7206 of 2026:
    
                         Kodaikanal Boat and Rowing Club,
                         Rep.by its Honorary Secretary,
                         Lake Road, Kodaikanal,
                         Dindigul District.                               ... Petitioner
    
                                                           Vs.
    
                         1.The State of Tamil Nadu,
                           Represented by its Secretary to Government,
                           Municipal Administration and Water
                                   Supply (MAWS1) Department,
                           Secretariat, Fort St.George,
                           Chennai-600 009.
    
                         2.The Director of Municipal Administration,
                           75, Urban Administrative Building,
                           MRC Nagar, Santhome High Road,
                           Chennai.
    
                         3.The District Collector,
                           Dindigul District,
                           Dindigul.
    
                         4.The Commissioner,
                           Kodaikanal Municipality,
                           Kodaikanal.                                    ...Respondents
    
    
                         PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                         India, to issue a Writ of Declaration, to declare the provisions of Rule
                         3(1) of the Kodaikanal Municipal Lake Boating (Regulation) Bye-laws,
                         2022 in G.O.(Ms)No.165, dated 16.11.2022 of the first respondent as
                         manifestly arbitrary and violative of the provisions of Article 14 and 19
                         of the Constitution of India.
    
    
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                                         For Petitioner      : Mr.Sarath Chandran
                                                                for Ms.Gopika Nambiar
                                         For Respondents     : Mr.T.Gowthaman (R1 to R3)
                                                               Additional Advocate General
                                                               assisted by Mr.M.S.Parthiban,
                                                                        Counsel for the State
                                                             Mr.T.S.Mohammed Mohideen (R4)
                                                                        Standing Counsel
    
                                                          COMMON ORDER
    
    

    (Order of the Court was made by N.SATHISH KUMAR, J.)

    The issue involved in all these writ petitions are identical and

    SPONSORED

    hence, all these writ petitions are taken up together for final disposal by

    way of this common order.

    2.The Kodaikanal Boat and Rowing Club filed; W.P.(MD)No.

    7206 of 2026 seeking a prayer to declare the provisions of Rule 3(1) of

    the Kodaikanal Municipal Lake Boating (Regulation) Bye-Laws, 2022 in

    G.O.Ms.No.165 dated 16.11.2022 of the first respondent as manifestly

    arbitrary and violative of the provisions of Article 14 and 19 of the

    Constitution of India; W.P.(MD)No.5090 of 2020 to frame Rules and

    Regulations with regard to registration of licence of the boats operated

    by the Private Boat Operators as well as the Government Agencies; W.P.

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    (MD)No.15296 of 2021 to execute lease agreement by renewing the

    lease of the Government land to an extent of 0.08 acres classified as lake

    poramboke in S.No.234 of Kodaikanal Town and Taluk in favour of

    Kodaikanal Boat and Rowing Club and W.P.(MD)No.7479 of 2023 to

    consider the representation of the petitioner dated 12.12.2022 seeking to

    include the petitioner as an undertaking authority under the Kodaikanal

    Municipal Lake Boating (Regulations) Bye-Laws, 2022.

    3.The brief facts leading to the filing of these writ petitions are

    as follows:

    (i)The Kodaikanal Boat and Rowing Club is a registered

    Society established in the year 1890 by Henry Levinge, who was a

    former Collector of Madurai. In 1863, an existing swamp in Kodaikanal

    was transformed into a beautiful lake, which has become one of the

    major tourist attractions in Kodaikanal. A piece of land in Survey No.

    234 was purchased from a private person, on which premises, present

    club was built in the year 1892 and that six cents of land is a private

    property of the club. It is also recognized by the Collector vide

    proceedings dated 08.04.1909. Besides, 8 cents of land in the same

    survey number was given on lease as per the proceedings dated

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    08.04.1921 for a period of 49 years. On expiry of the said period, the

    lease was renewed on 03.09.1975 for a period of 49 years from

    01.09.1970 vide proceedings dated 27.03.1974.

    (ii)The management of the Club is vested in a Committee

    consisting of 15 members, who are elected annually by the General Body

    of the Club. The Collector of Madurai is the ex-officio Chairman and the

    Director of Tourism, Government of India is one of the Committee

    Members. The petitioner Club is also authorized by the Sports

    Development Authority of Tamil Nadu to conduct training, talent

    identification and talent development programs in the sport of rowing.

    Till 1951, the Kodaikanal Township was in charge of the Management of

    the lake. Thereafter, the Management of the Lake was vested with the

    Fisheries Department.

    (iii)Later, there was a dispute between the Municipality and

    Fisheries Department as to the ownership of the lake from the year 1980.

    The Kodaikanal Municipality also levied license fee on the petitioner

    club, which was challenged in W.P.No.5985 of 1987. This Court by an

    order dated 30.01.1995 held that the Kodaikanal Municipality has no

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    authority to demand and collect licence fee or any other fee or tax from

    the Club. The said order was confirmed in W.A.No.758 of 1995.

    (iv)When the mater stood thus, on 26.06.2009, G.O.Ms.No.105

    came to be issued to resolve the long standing dispute between the

    Kodaikanal Municipality and Fisheries Department. As per the said

    Government Order, the overall control of the Kodaikanal Lake was

    transferred to the Kodaikanal Municipality from the Fisheries

    Department and vest with the Kodaikanal Municipality under Section

    125 (1) of the Tamil Nadu District Municipalities Act, 1920 (hereinafter

    referred to as ‘the Act’).

    (v)The Fisheries Department was given rights in line with the

    provisions of G.O.(Ms)No.1123 dated 10.04.1970. As per the said

    Government Order, the registration and licensing were made mandatory

    for the boats operated by private boat operators as well as the

    Government agencies for fishing and boating in Kodaikanal Lake. The

    boating activities will be regulated by the Fisheries Department through

    registration and license issued by the Assistant Director, Fisheries,

    Dindigul and was renewed annually on payment as declared by the

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    Government. The income derived from the registration and licensing of

    boats shall be shared between the Kodaikanal Municipality and Fisheries

    Department in the ratio of 90:10. The total number of boats permitted to

    operate on the Lake shall not exceed 258 at any given point of time. In

    pursuant to the aforesaid Government Order, the club was operating its

    boats after duly obtaining license.

    (vi) In the meantime, the petitioner filed W.P.(MD)No.5090 of

    2020 seeking a direction to the respondent to notify the Kodaikanal Lake

    Boating Rules. This Court by an order dated 16.12.2021 directed the

    authorities to frame Rules. Pursuant to the said direction, the impugned

    Rules came to be passed. The said Rule is challenged before this Court

    on the ground that it is contrary to the conditions stipulated in the parent

    Government Order and ultra vires the said Government Order. It is

    further contended that the Rule has been framed without any enabling

    power and by excluding private operators altogether from the purview of

    eligibility for the grant of boating licences, it runs directly contrary to

    Clauses 7(iii) and 7(vi) of the parent Government Order.

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    (vii)The present Government Order has been issued in exercise

    of powers conferred under Section 306 of Act, which clearly states that

    the Government may make by-laws not inconsistent with this Act or with

    any other law. G.O.Ms.No.105, the parent Government Order was issued

    in exercise of executive power within the meaning of Article 13 of the

    Constitution of India. Therefore, excluding the private operators,

    contrary to G.O.Ms.No.105 dated 26.06.2009, itself is violation and

    inconsistent.

    4.1.Counter has been filed admitting that G.O.Ms.No.105 dated

    26.06.2009 was passed vesting the management of the Lake with

    Municipality and fishing rights with the Fisheries Department in line

    with the provisions of G.O.(Ms)No.1123, Agriculture Department, dated

    10.04.1970 (Kodaikanal Fishing Rules, 1969). It is also admitted that the

    registration and licensing is made mandatory for the boats operated by

    private boat operators as well as the Government Agencies as per Rules

    to be framed by the Animal Husbandry Dairying and Fisheries

    Department in consultation with Municipal Administration and Water

    Supply Department for fishing and boating in Kodaikanal Lake.

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    4.2.It is also stated that the impugned Government Order has

    modified the bylaws, wherein Rule 3 of the By-law clearly stipulates that

    the Municipality or Undertaking authority that for registration of boat,

    shall apply in Form I with necessary fee as specified in the Annexure

    appended to these by-laws to the competent authority for registration of

    boat to ply in the lake for pleasure trip. Hence, it is the contention that

    when the Rule excluded the private operation or private body, which is

    registered under the Societies Registration Act, the petitioner has no

    locus to maintain this writ petition. The registration of boat to ply in the

    lake for pleasure trip means the pleasure activities specifically for

    enjoyment, recreation or relaxation rather than for business or necessity.

    This pleasure activity or pleasure trip to be made by private boat club

    such as this petitioner for their member at free of cost and for public by

    collecting fee is a commercial activity and which do not fall within the

    meaning of sports and more particularly it is not the object of petitioner

    club.

    4.3.The club cannot hold commercial activity in the lake,

    which is vested with the local body. Collecting fee from the public by a

    private club cannot be brought within the meaning of entertainment or

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    sport activity. The public lake now under the care and control of the

    Municipality cannot be given to a private club. If the public lake is

    allowed to be used by a private Society, then there should be a open

    tender call to allow all other public to make use of the lake for

    commercial activity.

    4.4.As per Section 109-A of the Tamil Nadu Urban Local

    Bodies Act, no boating activity for entertainment shall be carried on, in

    any water body vested with any Municipality without registering the

    boats and obtaining licence in such a manner as may be specified in the

    bye-laws. On 10.09.222, a resolution was passed by the Municipality,

    whereby the Council authorised the municipality to give public notice to

    receive objections and advises from public with regard to boating

    regulations draft bye-laws, 2022, which was approved by the Kodaikanal

    Municipal Council on 12.08.2022. As no objection has been received by

    anyone, that By-laws have been accepted by the Government, therefore,

    the same cannot be questioned now. Further, the petitioner also cannot

    have extension of lease.

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    5.1.The learned counsel appearing for the petitioners in all

    these writ petitions submitted that the by-laws presently in force cannot

    override the parent Government Order, namely G.O.Ms.No.105 dated

    26.06.2009, issued under Section 125 of the Act. It was contended that

    Section 125 of the Act empowers the Government, by notification, to

    limit or define control over any public source of water supply and the

    adjoining public lands, or to assume administration thereof, after

    consulting the Municipal Council and giving due consideration to its

    objections, if any.

    5.2.According to the learned counsel, the Government Order

    issued under the said provision constitutes a conditional arrangement, in

    which the Government has specifically defined the extent of control and

    fishing rights vested in the Fisheries Department consistent with

    G.O.Ms.No.1123 dated 10.04.1970. The Government Order further

    provides that boating activities in the lake shall be regulated by the

    Fisheries Department.

    5.3.The parent Government Order also stipulates that

    registration and licensing shall be mandatory for all boats operated by

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    private boat operators as well as Government agencies. Further, the

    Government Order makes it mandatory for all boat operators and

    agencies to obtain licences in accordance with the Rules framed by the

    Animal Husbandry and Fisheries Department, in consultation with the

    Municipality, for the purpose of regulating fishing and boating activities

    in the Kodaikanal Lake. Hence, it is the contention that the above said

    Government order is the source of power.

    5.4.Section 306 of the Act, 1920 clearly shows that any by law

    cannot be inconsistent with the Act. The very by-law clearly shows that

    the competent authority is the Commissioner of Municipality and the

    Municipality can be the Licensor as well as the Licensee. According to

    the petitioners, such an arrangement is contrary to the principles

    embodied in Sections 151 and 152 of the Easements Act. At any event,

    the by-laws totally excluded to the private operators, which is contrary to

    the parent Government Order.

    6.The learned counsel appearing on behalf of the Municipality

    submitted that the petitioner Club has no locus standi to maintain the

    present writ petition, as it has been operating the boat house for

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    commercial purposes and is attempting to monopolize the entire boating

    activity in the lake. If the petitioner is permitted, it will lead to others

    also to claim such right.

    7.It was further contended that the power to regulate boating

    activities is vested in the Municipality under Section 109 of the Tamil

    Nadu Urban Local Bodies Act. Pursuant thereto, the Municipality has

    framed the relevant by-laws after inviting objections from the public.

    Since no objections were received during the prescribed period, the

    validity of the by-laws cannot now be challenged.

    8.The learned Additional Advocate General also submitted that

    the entire lake was vested with the Municipality as per the parent

    Government Order. Therefore, the petitioner Club cannot dictate to the

    Government or the Municipality the manner in which boating activities

    are to be regulated or administered. It was argued that the private

    operators have now been excluded and it is the exclusive prerogative of

    the Government and the Municipality to decide whether licences should

    be granted and to whom they should be issued.

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    9.The learned Additional Advocate General also contended that

    the petitioner Society cannot, as a matter of right, seek a direction from

    this Court for the grant of a licence or for the extension or renewal of any

    lease in its favour. Any such permission or licence is subject to the

    discretion of the competent authority and cannot be claimed as an

    enforceable legal entitlement.

    10.Heard the learned counsel appearing on either side and

    perused the materials placed on record.

    11.Though the writ petitions are clubbed together, we propose

    to treat W.P.(MD) No.7206 of 2026, which challenges the validity of

    Rule 3(3) of the Kodaikanal Municipal Lake Boating (Regulation) Bye-

    laws, 2022, framed vide G.O.(Ms) No.165 dated 16.11.2022, as the lead

    writ petition. This is because the reliefs sought in the other two writ

    petitions are consequential in nature and are ultimately subject to the

    outcome of the main writ petition.

    12.It is not in dispute that the Kodaikanal Boat and Rowing

    Club is a registered Society in the year 1890 and the club was founded by

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    the then Collector of Madurai. It is also not disputed that the Club

    building was constructed in the year 1892 on the land purchased by the

    Society. Further, by proceedings dated 08.04.1909, the Collector of

    Madurai recognised the said property to an extent of 6 cents in Survey

    No.234, on which the Club building stands, constitutes the private

    property of the Club. Besides, another 8 cents was leased out to the club

    as early as on 08.04.1921 for a period of 49 years. On expiry of the said

    period on 03.09.1975, further extension for another period of 49 years

    was granted from 01.09.1970. These facts pleaded in the affidavit filed

    in support of this petition, are not disputed in the counter filed by the

    respondents.

    13.Now the challenge is made only with regard to the by-laws

    made under the Government Order in G.O.(Ms) No.165 dated

    16.11.2022, which is impugned before this Court.

    14.Initially, the overall control of the Lake was with the

    Fisheries Department by virtue of G.O.Ms.No.2063, Development

    Department dated 09.05.1951 and G.O.Ms.No.2034, Food and

    Agriculture Department, dated 07.06.1962. Later by virtue of the power

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    conferred under Section 125(1) of the Act, the overall control of the

    Kodaikanal Lake was transferred to the Kodaikanal Municipality from

    the Fisheries Department by virtue of G.O.Ms.No.105 dated 26.06.2009.

    15.For proper appreciation of the issue, it is useful to refer to

    Section 125 of the District Municipalities Act, which reads as follows:

    “125. Vesting of works in Municipal Councils .— (1) All
    public watercourses and springs and all public reservoirs, tanks,
    cisterns, fountains, wells, stand-pipes, and other water-works
    existing at the time of the coming into force of this Act or
    afterwards made, laid or erected, and whether made, laid or
    erected at the cost of the Municipal Council or otherwise, and
    also any adjacent land (not being private property) appertaining
    thereto shall vest in the Council and be subject to its control :

    1 [Provided that nothing contained in this section shall
    apply to any work which is, or is connected with, a work of
    irrigation or to any adjacent land appertaining to any such
    work.]
    (2) The 2 [State Government] may, by notification, limit
    or define such control or may assume the administration of any
    public source of water-supply and public land adjacent and
    appertaining thereto after consulting the Municipal Council and
    giving due regard to its objections, if any.

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    16.The above said provision makes it very clear that by issuing

    a Government order under Section 125 of the Act, the State Government

    may limit or define the control in the lake.

    17.G.O.Ms.No.105, was mainly passed based on the

    recommendations of the Sub-Committee, vesting overall control of the

    lake to the Municipality to sort out the disputes between the Fisheries

    Department and Kodaikanal Municipality. The relevant portion of the

    said Government Order is extracted below for ready reference:

    “6.Based on the recommendations of the Sub-Committee, a
    follow-up meeting was held on 24.4.2009 under the Chairmanship of the
    Secretary to Government, Animal Husbandry, Dairying and Fisheries
    Department with the Commissioner of Fisheries, Director of Municipal
    Administration and other officials concerned and the following decisions
    were taken at the meeting:-

    (i) to issue suitable Government orders and notification for
    transfer of overall control of Kodaikanal lake to the
    Kodaikanal Municipality from the Fisheries Department as per
    Section 125 (1) of the Tamil Nadu District Municipalities Act,
    1920.

    (ii) the fishing rights will continue to be with the Fisheries
    Department in line with the provisions of the G.O.(Ms)No.

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    1123, Agriculture Department, dated 10.4.1970 (Kodaikanal
    Fishing Rules 1969). As fishing related activities will be
    affected by the movement of boats, it was decided not to allow
    any kind of motorized boats. The boating activities will be
    regulated by the Fisheries Department through registration
    and licenses issued by the Assistant Director, Fisheries,
    Dindigul and renewed annually on the payment as decided by
    the Government.

    (iii) the registration and licensing will be made mandatory for the
    boats operated by private boat operators as well as the
    Government Agencies as per the rules to be framed especially
    for fishing and boating in Kodaikanal lake.

    (iv) The income derived from registration and licensing of boats
    will be shared between the Kodaikanal Municipality and the
    Fisheries on 90:10 ratio (as the Municipality will have to
    maintain the lake and its surrounding areas, which can be met
    from the income of this activity)

    (v) the income derived from registration and licensing of boats will
    be utilized for developmental activities such as development
    and maintenance of roads, drains, lights, waste management,
    parks, beautification, water supply, sanitation and related
    activities in and around the lake by the Kodaikanal
    Municipality.

    (vi) A Committee under the Chairmanship of the District Collector
    will be formed for the monitoring and supervision of
    registration and licensing of boats, regularization of boating
    and safety measures and also utilization of funds for various
    developmental activities and maintenance works in and

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    around the lake. The proposed Committee may comprise of the
    following members:

                                              a)Chairman             - Kodaikanal Municipality
                                              b) Commissioner        - Kodaikanal Municipality
                                              c) Assistant Director- Fisheries Department
                                                                              Dindigul.
                                            d) Any other technical members co-opted by the
                                            Collector to address specific issues.
                                  (vii)       it has also been decided that the boat strength shall not exceed
    

    258 at any cost and the existing boat strength of 284 will be
    reduced to 258.

    (viii) the Municipal Administration and Water Supply Department
    will initiate action for issuing orders for the transfer of control
    of Kodaikanal lake from the Fisheries Department to the
    Kodaikanal Municipality in consultation with Animal
    Husbandry, Dairying and Fisheries Department. After the
    issue of Government orders as mentioned above, action will be
    taken to notify the same in the Government Gazette.

    (ix) Animal Husbandry, Dairying, and Fisheries Department will
    initiate action to frame draft rules for fishing and boating in
    consultation with Municipal Administration and Water Supply
    Department.

    7. In the circumstances, the Government after careful considerations
    have decided to accept the decisions arrived at in para 6 above, based
    on the recommendations of the Sub-committee and direct that:-

    (i) in supersession of the orders issued in G.O.(Ms) No.2063,
    Development department dated 9.5.1951 and G.O.(Ms) No.

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    2034 Food and Agriculture Department dated 7.6.1962, the
    overall control of the Kodaikanal lake in Survey Ward B, Block
    30, T.S. No.3, R.S.No.234 is transferred to the Kodaikanal
    Municipality from the Fisheries Department as per section 125
    (1)
    of the Tamil Nadu District Municipalities Act, 1920 (Tamil
    Nadu Act V of 920).

    (ii) the fishing rights will continue to be with the Fisheries
    Department in line with the provisions of the G.O.(Ms) No.
    1123, Agriculture Department, dated 10.4.1970 (Kodaikanal
    Fishing Rules 1969). As fishing related activities will be
    affected by the movement of boats, any kind of motorized boats
    shall not be allowed. The boating activities will be regulated
    by the Fisheries Department through registration and licenses
    issued by the Assistant Director, Fisheries, Dindigul and
    renewed annually on the payment as decided by the
    Government.

    (iii) the registration and licensing is made mandatory for the boats
    operated by private boat operators as well as the Government
    Agencies as per the rules to be framed by Animal Husbandry
    Dairying and Fisheries Department in consultation with
    Municipal Administration and Water Supply Department for
    fishing and boating in Kodaikanal lake.

    (iv) The income derived from registration and licensing of boats
    shall be shared between the Kodaikanal Municipality and the
    Fisheries Department on 90:10 ratio and that will be utilized for
    developmental activities such as development and maintenance
    of roads, drains, lights, waste management, parks,

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    beautification, water supply, sanitation and related activities in
    and around the lake by the Kodaikanal Municipality.

    (v) A Committee under the Chairmanship of the District Collector
    is formed with the following members for the monitoring and
    supervision of registration and licensing of boats,
    regularization of boating and safety measures and also
    utilization of funds for various developmental activities and
    maintenance works in and around the lake.

    (1) Chairman – Kodaikanal Municipality
    (2) Commissioner – Kodaikanal Municipality
    (3) Assistant Director – Fisheries Department Dindigul.
    (4) Any other technical members co-opted by the Collector
    to address specific issues.

    (vi) the boat strength shall not exceed 258 at any cost and the
    existing boat strength of 284 is reduced to 258.”

    18.A careful perusal of the above Government Order makes it

    clear that entire exercise has taken place in pursuant to the power vested

    under Section 125 of Act. Clause 6(ii) of the impugned Government

    Order provides that, while the overall control and management of the

    Lake is vested in the Municipality, the boating activities shall be

    regulated by the Fisheries Department through the registration and

    licensing of boats by the Assistant Director of Fisheries, Dindigul. Such

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    licences are required to be renewed annually on payment of fee as may be

    prescribed by the Government.

    19.Clause 6 (iii) of the impugned Government Order shows

    that licensing will be made mandatory for the boats operated by the

    private boat operators as well as the Government Agencies as per the

    Rules to be framed, especially for fishing and boating in Kodaikanal

    Lake. It is also restricted that the boat strength shall not exceed 258 at

    any costs and the existing boat strength of 284 will be reduced to 258.

    20.Further, Clause 6 (ix) of the Government Order provides

    that the Animal Husbandry, Dairying and Fisheries Department will

    initiate action to frame draft rules for fishing and boating in consultation

    with Municipal Administration and Water Supply Department.

    21.The Government has accepted the recommendations of the

    Sub Committee and held that the fishing rights will be continued with the

    Fisheries Department in line with G.O.Ms.No.1123, Agriculture

    Department, dated 10.04.1970. Sub Clause 7 (iii) of the impugned

    Government Order stipulates that registration and licensing is made

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    mandatory for the boats operated by the private boat operators as well as

    the Government Agencies as per the rules to be framed by the Animal

    Husbandry and Dairying and Fisheries Department in consultation with

    Municipal Administration and Water Supply Department for fishing and

    boating in Kodaikanal lake.

    22.Clause 9 of the Government Order directs that Animal

    Husbandry and Fisheries Department to initiate action to frame the draft

    rules for fishing and boating in Kodaikanal Lake in consultation with

    Municipal Administration and Water Supply Department.

    23.Thus, while vesting the overall control and management of

    the Lake in the Municipality, the Government has expressly defined and

    limited the scope of such control. In particular, the fishing rights have

    been retained by the Fisheries Department, and the power to register and

    license boats operating in the Kodaikanal Lake has been specifically

    entrusted to the Animal Husbandry, Dairying and Fisheries Department,

    in consultation with the Municipal Administration and Water Supply

    Department, for the purpose of regulating fishing and boating activities

    in the Lake.

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    24.G.O.Ms.No.105, which is a source for framing by-laws

    clearly provides for operation of boats by the private boat operators.

    Once a notification is issued under Section 125 of the Act, it assumes the

    character of conditional legislation and constitutes the very source of

    power. Consequently, any Bye-law framed pursuant thereto cannot be

    inconsistent with or depart from the same.

    25.However, now the by-laws, vide G.O.Ms.No.165, which is

    impugned herein, have been issued under Section 310 (1) of the Tamil

    Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)

    amended by the Tamil Nadu District Municipalities (Amendment) Act,

    2021 (Tamil Nadu Act 34 of 2021), empowers the Council of Kodaikanal

    Municipality to make by-laws for boating activities within the limits of

    Municipality with effect from 13.10.2021.

    26.The definition clause in the by-laws provides that ‘the

    competent authority’ means the Commissioner of Kodaikanal

    Municipality and ‘the undertaking authority’ means the Tamil Nadu

    Tourism Development Corporation functioning under the Government of

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    Tamilnadu, and the ‘fitness certificate’ means a certificate issued in

    Form-VI by the Competent Authority.

    27.Para 3 of the by-laws shows that the Municipality or

    undertaking authority shall apply in Form-I with necessary fee as

    specified in the Annexure appended to these by-laws, to the competent

    authority for registration of boat to ply in the lake for pleasure trip.

    Provided that the Municipality or undertaking authority shall apply

    immediately within 30 days to the competent authority for registration of

    boats.

    28.The above provision makes it clear that even the

    Municipality is entitled to apply for registration before the competent

    authority. As per the definition clause, the “competent authority” is none

    other than the Commissioner of the Kodaikanal Municipality. The

    requirement of the Municipality obtaining permission from its own

    Commissioner, who is designated as the competent authority, appears to

    be a logical inconsistency.

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    29.Further, the undertaking authority defined in the definition

    clause is the Tamil Nadu Tourism Development Corporation functioning

    under the Government of Tamil Nadu. The by-laws have empowered the

    boating activities only either by the Municipality or Tamil Nadu Tourism

    Development Corporation. It is relevant to note that these by-laws have

    been passed under Section 306 of the Act. Section 306 of the Act reads

    as if the power of council to make by-laws not inconsistent with this Act

    or with any other law to provide. Therefore, any Bye-laws framed under

    the said provision must necessarily be consistent with the Act.

    30.It is relevant to note that the impugned Bye-laws completely

    exclude private operators from the scope of boating activities. However,

    the original Government Order makes it clear that registration and

    licensing are mandatory for both private operators as well as Government

    agencies.

    31.G.O.(Ms) No.105, which vests the overall control of the

    Lake in the Kodaikanal Municipality, has been issued under Section 125

    of the Tamil Nadu District Municipalities Act, 1920. Sub-section (2) of

    Section 125 empowers the State Government to define and limit such

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    control. While the Government Order entrusts the overall control of the

    Lake to the Municipality, it also imposes specific restrictions, such as

    retaining fishing rights and regulating boating activities through the

    concerned departments. Importantly, it contemplates the participation of

    both private boat operators and Government agencies, subject to

    regulation through registration and licensing.

    32.Once the Government Order has been issued under Section

    125 of the Act, it assumes the character of a conditional legislation as

    defined under Article 13 of the Constitution of India. Therefore, any

    Bye-laws framed thereunder must necessarily conform to the conditions

    stipulated in the parent Government Order. Any provision in the Bye-

    laws which is contrary to or inconsistent with the earlier Government

    Order, which permits participation of private operators as well, cannot be

    sustained in law.

    33.The parent Government Order constitutes the very source of

    power for the Municipality. The authority of the Municipality is defined

    and circumscribed by Section 125(2) of the Act. Consequently, the Bye-

    laws framed in exercise of such power must remain within the limits so

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    prescribed. Excluding private operators altogether, contrary to the

    scheme of the Government Order, is in clear contravention of the original

    Government Order and is therefore unsustainable in the eye of law.

    34.It is also stated that the Boat Club is recognised by the

    Sports Development Authority of Tamil Nadu for conducting rowing

    activities in the sport of rowing in the State. This Court, in W.P.(MD) No.

    5090 of 2020, while disposing of the writ petition, has observed that the

    rules to be framed must take into consideration both the Club as well as

    the Municipality. Therefore, when the original source of power itself

    permits private operators to apply for licence, the subsequent Bye-laws,

    which is totally inconsistent with the earlier Government Order, cannot

    be sustained in the eye of law.

    35.Further, it is relevant to note that the Boat Club was

    established as early as in the year 1890 and has been continuously

    operating boating activities. The Government has also recognised its

    activities and has extended the lease from time to time from 1921

    onwards. The lease was given originally for a period of 49 years from

    08.04.1921. On expiry, it was again renewed on 03.09.1975 for a further

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    period of 49 years from 01.09.1970. Therefore, it is only in recent times

    that the lease has expired and the impugned order has been passed.

    36.In view of the long-standing operation of the Club, the

    petitioner had a legitimate expectation to continue its activities, subject

    of course to regulatory control. While the Club cannot claim exclusivity

    or monopoly over boating activities, it can legitimately expect that it

    would not be excluded from consideration for grant of licence under the

    regulatory framework.

    37.The records further indicate that on 12.12.1969, the

    Township of Kodaikanal granted Rs.5,000/- to the Boat Club as grant for

    maintenance for the year 1969-70 in G.O.Ms.No.1825, RD & IA, dated

    25.09.1969. Continuously such grant was extended for carrying out

    works in the lake as per the proceedings in Roc.No.7017/6A-E, dated

    30.04.1970. The Government of India, Ministry of Tourism and Civil

    Aviation, Department of Tourism by proceedings No.8-TPL.II (3)/70

    dated 02.05.1973, given a sum of Rs.60,000/- as grant in aid to the club

    for construction of the Tourist Lounge.

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    38.Similarly, by proceedings No.8 TPL-II(3) /70-Tourism dated

    17.05.1976 grant in aid of Rs.36,000/- was given by the Government.

    The Government of Tamil Nadu Department of Tourism, vide

    proceedings dated 12.06.1978 permitted the club to levy the daily

    membership subscription not exceeding Rs.1/- per day to the

    Indian/Foreign tourists coming to the Kodaikanal. Again, on 02.01.1979,

    by proceedings No.8-TPL.II (3)/70-Tourism, dated 02.01.1979,

    sanctioned the permitted daily membership not exceeding Rs.1.50 per

    day.

    39.Later agreement of lease dated 26.10.2009 between Rowing

    Federation of India, Tamil Nadu Amateur Rowing Association and

    Kodaikanal Boat Club came to be executed. The letter in R.C.No.MS

    Office No.25/2023 dated 17.04.2024, the Sports Development Authority

    of Tamil Nadu granted authorisation to the Kodaikanal Boat and Rowing

    Club for a period of three years from 16.04.2024 to 15.04.2027 to the

    purpose of development of the sport of Rowing and other water sports

    through High Altitude Training Programme and Talent Identification and

    Talent Development within the state of Tamil Nadu in coordination with

    SDAT.

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    40.The materials placed on record clearly establish that the

    Boat Club was established long back and has been continuously

    operating boating activities for several decades. Originally, G.O.(Ms) No.

    105 vested the overall control of the Kodaikanal Lake in the

    Municipality and also contemplated the participation of private

    operators. Therefore, when the Club has been exercising its rights all

    along, it cannot be excluded altogether from consideration.

    41. In view of the above, we are of the considered view that the

    impugned Bye-laws, being contrary to G.O.(Ms) No.105, which is the

    source of power to the Municipality, cannot be sustained in the eye of

    law. Accordingly, Bye-law 3(1) is quashed and W.P.(MD)No.7206 of

    2026 stands allowed. The authorities are directed to frame fresh Bye-

    laws in consultation with the Animal Husbandry, Dairying and Fisheries

    Department, as contemplated in G.O.(Ms) No.105, permitting

    participation of private boat clubs also, subject to appropriate

    restrictions, licence fee and such other conditions as may be imposed by

    the competent authority.

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    42.The private boat club shall also be permitted to operate

    boats for sports activities. However, the number of boats that may be

    operated by private clubs can be regulated and capped by the authorities.

    The contention that the Club is operating 74 boats does not confer any

    vested right to continue the same number of boats. It is open to the

    authorities, while framing fresh Bye-laws, to impose appropriate

    restrictions on the number of boats and to grant permission to the Boat

    Club to operate only such number of boats as may be determined, subject

    to payment of requisite licence fee and compliance with regulatory

    conditions.

    43.Since Rule 3(1) of the Bye-laws has been set aside, W.P.

    (MD) No.5090 of 2026 has become infructuous, and no further orders

    are required to be passed therein.

    44.The overall control of the Lake continues to vest with the

    Municipality under G.O.(Ms) No.105. However, the petitioner cannot, as

    a matter of right, seek extension of the lease period. At best, the

    petitioner may have a legitimate expectation that its case will be

    considered in accordance with the new Bye-laws to be framed by the

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    authorities, permitting participation of private boat clubs subject to

    regulatory conditions. Accordingly, W.P.(MD)Nos.15296 of 2021 and

    7479 of 2023 are disposed of. There shall be no order as to costs.

    Consequently, connected miscellaneous petition is closed.

                                                                  [N.S.K., J.]     & [M.J.R., J.]
                                                                                 09.07.2026
                         Index    :Yes/No
                         Internet :Yes
                         ta
    
                         To
    
                         1.The Secretary to Government,
    

    Municipal Administration and Water Supply Department,
    Fort St.George, Chennai-600 009.

    2.The Commissioner of Municipal Administration
    Water Supply Department,
    Water Supply Department,
    Chepak, Chennai.

    3.The District Collector,
    Dindigul District, Dindigul.

    4.The Tahsildar,
    Kodaikanal,
    Dindigul District.

    5.The Assistant Director of Fisheries,
    Dindigul.

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    6.The Commissioner,
    Kodaikanal Municipality,
    Dindigul.

    7.The Commissioner of Land Administration
    Chepak, Chennai-600 005.

    8.The Additional Chief Secretary to Government,
    Municipal Administration and Water
    Supply Department,
    Fort St.George, Secretariat,
    Chennai-600 009.

    9.The Director of Municipal Administration
    and Water Supply,
    No.78, Urban Administrative Building,
    Santhome High Road,
    Chennai-600 028.

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    N.SATHISH KUMAR, J.

    AND
    M.JOTHIRAMAN, J.

    ta

    Pre-delivery order made in

    W.P.(MD)Nos.5090 of 2020,
    15296 of 2021, 7479 of 2023
    and 7206 of 2026

    09.07.2026

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