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Madras High CourtWP/19443/2015disposed of

M/S.Gangothiri Hatchery v. The Member Secretary

2015-07-06Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19443 of 2015 M/s.Gangothiri Hatchery Rep. by its Managing Director Thomas David Kumar, No.6 & 7 VGP Layout (Part-II) Uthandi Sholinganallur Chennai-119.

... Petitioner

Versus

The Member Secretary Coastal Aquaculture Authority 2nd Floor Shastri Bhavan Annexe No.26 Haddows Road Chennai-6 Now at 12A Bharathi Street Vanuvampet Chennai-91.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to consider and pass appropriate order on the representation of the petitioner dated 11.06.2015 for restoration of the petitioner name in the registered list within reasonable time.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.Su.Srinivasan Assistant Solicitor General of India

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would submit that the petitioner company was issued with 'Letter of Permission' on 21.04.2014 to run the Hatchery in the name of 'Gangothri Hatchery' and it was valid up to 31.03.2015. The petitioner would further state that the said concern was purchased by M/s.Shrimpex Hatcheries Private Limited on 27.12.2014. The Coastal Aquaculture Authority (CAA) has also instructed the Hatchery of the petitioner with regard to the alleged violations and cancelled the 'Letter of Permission' vide order dated 05.02.2015 and it was put to challenge by filing

W.P.No.4551 of 2015 and this Court has entertained the writ petition and granted stay of the impugned order of cancellation.

3. The petitioner submitted a request/representation dated 16.03.2015 to the Coastal Aquaculture Authority for renewal of the 'Letter of Permission' for the year 2015-16 in the original name and also paid the necessary fees. Since the said application has not been disposed of, the petitioner has filed W.P.No.8488 of 2015 praying for issuance of a writ of mandamus directing the authority to dispose of the said application and its is also pending and to their shock and surprise, during the pendency of the application, the name of the petitioner Hatchery has been deleted from the live/registered list maintained by Coastal Aquaculture Authority and in this regard, they submitted a representation dated 11.06.2015 to the respondent praying for restoration of the petitioner's name in the live register maintained by Coastal Aquaculture Authority and since, no orders came to be passed, the petitioner has filed this writ petition.

4. Heard the submissions of Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.Su.Srinivasan, learned Assistant Solicitor General of India, who accepts notice on behalf of the respondent.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, directs the respondent to consider the representation dated 11.06.2015, submitted by the petitioner, in accordance with law, and pass orders, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ars To The Member Secretary Coastal Aquaculture Authority 2nd Floor Shastri Bhavan Annexe No.26 Haddows Road Chennai-6 Now at 12A Bharathi Street Vanuvampet Chennai-91.

Copy To Mr.Su.Srinivasan, Additional Solicitor General, High Court, Madras.

+1cc to M/s.S.Senthil Murugan, Advocate, S.R.No.33872 W.P.No.19443 of 2015 UG(CO) CA(14/07/2015)