Atla Nagamani, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.41224 of 2017 ORDER:

In this writ petition, the challenge is to the notice, dated 09.11.2017, issued to the husband of the petitioner, but not to the petitioner, whereby it is stated that the addressee in the impugned notice is cultivating three salt water shrimp lakes and, therefore, he is directed to stop cultivation in two shrimp lakes and digging of third shrimp lake, as the said activity is contrary to the Coastal Aqua Culture Authority Rules and Regulations.

2.

I have heard the submissions of Sri Nimmagadda Revathi, learned counsel appearing for the petitioner, the learned Government Pleader for Animal Husbandry and Fisheries appearing for the respondents 1 to 4, and of the learned Government Pleader for Revenue appearing for the respondents 5 & 6. I have perused the material record.

3.

The grievance of the writ petitioner is that the notice was issued to the husband of the petitioner and not to the petitioner and that without issuing a notice to the petitioner and following the procedure established by law, the activity of the petitioner cannot be stopped. 4.

Learned Standing Counsel, on instructions, would submit that without obtaining any permissions and without following the guidelines, the petitioner started three salt water shrimp lakes in the village and that the same are within the prohibited distance from the village and also water sources and, therefore, the said activities are contrary to the Coastal Aqua Culture Authority Rules and the petitioner is also attempting to dig a third shrimp tank/lake and,

MSRM, J W.P.No.41224 of 2017 therefore, the activity of the petitioner is illegal and requires to be stopped.

5.

Having regard to the submissions, the Writ Petition is disposed of directing the respondents to take action, if necessary, against the cultivation of shrimps in three salt water lakes in the subject village by the petitioner by following the procedure established by law. However, since the petitioner admittedly could not produce any record before this Court to establish that the activity being carried on by the petitioner is in accordance with the permissions and the rules governing the activity, the petitioner is restrained from digging any fresh shrimp lake in the village without obtaining necessary permissions and following the procedure established by law. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 8th December, 2017 KL

MSRM, J W.P.No.41224 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.41224 of 2017 Date: 8th December, 2017 KL