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Madras High CourtWP/11295/2021dismissed

M.Liyakath Ali v. The Revenue Divisional Officer

2025-09-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 11945 OF 2021 M.Liyakath Ali Petitioner(s) Vs

1. The Revenue Divisional officer Sirgazhi, Sirgazhi Taluk, Mayiladuthurai District 2.The Tahsildar / Sub-divisional Magistrate, Sirgazhi Taluk, Sirgazhi, Mayiladuthurai District 3.The Village Administrative Officer Thirukkarugavur, Sirgazhi Taluk, Mayiladuthurai District 4.Mr.Haridharan Presently Working As The Tahsildar / Sub-divisional Magistrate, Sirgazhi Taluk, Sirgazhi, Mayiladuthurai District Respondent(s)

PRAYER; This writ petition is filed under Article 226 of constitution of India, to issue a writ of certiorarified Mandamus call for the records and quash the order dated 24.04.2021 passed by the 2nd respondent in his Na.Ka.436/2021/A2 and consequentially for bearing the respondents, their men, agents or subordinates from interfering with petitioner's right of doing prawn culture in the property bearing S.No.29/3B Hec.0.45.50 and S.No.37/1 Hec.0.81.28 in Keeranallur Village, Thirukkarugavur Panchayat, Sirgazhi Taluk, previously Nagapattinam District and now Mayiladuthurai District. For Petitioner(s):

R.Gururaj For Respondent(s):

Mrs.S.Anitha, SGP RR1 to 3

ORDER

The writ petition has been filed seeking to quash the order dated 24.04.2021 passed by the 2nd respondent in his Na.Ka.436/2021/A2 and consequently for bearing the respondents, their men, agents or sub-ordinates from interfering with petitioner's right of doing prawn culture in the property bearing S.No.29/3B Hec.0.45.50 and S.No.37/1 Hec.0.81.28 in Keeranallur Village, Thirukkarugavur Panchayat, Sirgazhi Taluk, previously Nagapattinam District and now Mayiladuthurai District.

2. It is the case of the petitioner that the properties bearing S.No.29/3B Hec.0.45.50 and S.No.37/1 Hec.0.81.28 in Keeranallur Village, Thirukkarugavur Panchayat, Sirgazhi Taluk. The petitioner had entered into a lease agreement by a deed dated 10.04.2018 with the said Murugaiyan. Permission has to be obtained from the Fisheries Department and Member Secretary of Coastal Aqua Culture authority. On 30.04.2018 the petitioner had

applied for license in proper form along with project report and certificate from the revenue authorities and the same was not considered. Hence, the petitioner had filed a writ petition before this Court and the same was allowed in his favour. Pursuant to the order, the officials have given license to the petitioner. Thereafter, the petitioner sown prawn seeds. On 24.04.2021, the second respondent issued impugned notice directing the petitioner to stop the prawn culture activities. Challenging the same, the petitioner has filed the present petition.

3. The learned counsel for the petitioner submitted that the petitioner has commenced prawn culture after obtaining due license from the competent authorities and that too after directions of this Court to consider his representation vide order dated 13.08.2018 passed in W.P.no.20777 of 2018. Without prior information, suddenly, the respondents have issued notice to stop the work, which is baseless. However, the petitioner has obtained license in the year 2018 for five years, but the petitioner was not allowed to carry out the business in the year 2021 itself, which is not sustainable and the impugned notice is liable to be quashed.

4. The learned Special Government Pleader submitted that the villagers have made complaint before the respondents against the petitioner's prawn culture. The respondents have arranged peace committee meeting and the same was informed to the petitioner. But he did not participate in the enquiry. After

conducting thorough enquiry, the second respondent has passed the impugned order, which is perfectly in order and the same needs no interference.

5. Heard the learned counsel for the petitioner and the learned Government Counsel and perused the materials available on record.

6. This Court perused the certificate of registration of coastal aquaculture farm by Ministry of Agriculture and Farmers Welfare. On perusal of the same, it is seen that the license was grated for the period from 09.09.2020 and 08.09.2025. The license granted by the Ministry of Agriculture and Farmers Welfare has already been expired. Hence, the same become infructuous.

7. Accordingly, the Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. However, liberty is granted to the petitioner to make a fresh representation before the concerned authorities to get license in the manner known to law.

18-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Revenue Divisional officer Sirgazhi, Sirgazhi Taluk, Mayiladuthurai District 2.The Tahsildar / Sub-divisional Magistrate, Sirgazhi Taluk, Sirgazhi, Mayiladuthurai District 3.The Village Administrative Officer Thirukkarugavur, Sirgazhi Taluk, Mayiladuthurai District

M.DHANDAPANI J.

rli 18-09-2025