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Madras High CourtWP/16775/2023disposed of

V.Soundarapandian v. The Member Secretary

2023-06-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Soundarapandian . . . Petitioner Vs.

1. The Member Secretary, Coastal Acqua-culture Authority, Integrated Office Complex, (for Animal Husbandry).

Fisheries Department, Nandanam, Chennai-35.

2. The District Collector, Thiruvallore District. . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pass final orders on the petitioner's Application/Representation dt.24.11.2021 for grant of license to the petitioner to carry on shrimp/Prawn Farming culture in the petitioner's own patta land, after giving fair opportunity to the petitioner.

For petitioner : Mr.R.Shanmugham for R.Shanmugham of Shanmugham Associates.

For Respondents : Mr. E.Veda Bagath Singh, Special Government Pleader

ORDER

This Writ Petition has been filed for a direction to the respondents to pass final orders on the petitioner's application dated 24.11.2021 made for grant of license to the petitioners to carry on shrimp/Prawn Farming culture in the petitioner's patta land.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice on behalf of the Respondents. 3.It is the case of the petitioner that he owns an agricultural land to an extent of about 4.27 acres at Elavoor Village, Gummidipoondi Taluk, Thiruvallur District, wherein the petitioner is carrying on Shrimp/prawn farming culture. On 28.12.2017, the petitioner's father applied for license to carry out Shrimp/prawn culture, however, his

application was kept pending for several years. After the demise of his father, the petitioner made an application on 24.12.2021 before the 1st respondent seeking license to carry out Shrimp/prawn culture activities in the aforesaid land, in response to which, the 1st respondent, without passing any final order, has sent a communication dated 30.12.2021 directing the petitioner to approach the District Level Committee. Aggrieved by the same, the petitioner is before this Court by way of this Writ Petition.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the Respondents to pass final orders on the petitioner's application, within the time that may be stipulated by this Court after affording an opportunity of personal hearing to the petitioner.

5. This Court heard the learned Special Government Pleader appearing for the respondents.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the petitioner to submit his representation 24.12.2021 to the 2nd respondent along with a copy of the communication dated 30.12.2021 sent by the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 2nd respondent is directed to pass appropriate orders on the same in accordance with law within a period of twelve weeks thereafter after affording an opportunity of personal hearing to the petitioner as well as the aggrieved parties if any.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. 07.06.2023 Index : Yes / No Internet : Yes / No NHS

To

1. The Member Secretary, Coastal Acqua-culture Authority, Integrated Office Complex, (for Animal Husbandry).

Fisheries Department, Nandanam, Chennai-35.

2. The District Collector, Thiruvallore District.

M.DHANDAPANI, J NHS 07.06.2023