Madras High CourtWP/24010/2015closed

Fmc 10 Devampattu Vanna v. The District Collector

2015-09-29Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 24010 of 2015 FMC 10 Devampattu Vanna Meen Valarpor Cooperative Society Devampattu Village & Post Ponneri Taluk, Thiruvallur District 601 201 rep. by its President .. Petitioner vs.

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Block Development Officer Ponneri Taluk, Ponneri.

3. The Tahsildar Ponneri Taluk, Ponneri.

4. The Directorate of Agriculture Ezhilagam, Chennai, rep. by its Director.

5. The Director Directorate of Fisheries D.M.S. Compound Chennai- 600 018.

6. The Forest Range Officer Palaverkadu & Post Ponneri Taluk, Tiruvallur District.

7. The District Environmental Engineer Tamilnadu Pollution Control Board 77-A South Avenue Road Ambattur Industrial Estate Ambattur Taluk, Chennai-600058 Thiruvallur District.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents, their men, agents, servants etc. from in any manner interfering with nor disturbing the peaceful fishing activity carried on by the members of the petitioner society in respect of Devampattu, Agaram, Pallipalayam, Uppunelvayal, Periyakarumbur, Kanganamedu, Injurmedu @ Kattukulam, Milagumedam, Pothiarankulam and Umipedu Villages and direct the 5th respondent to issue proper licence for running the fishing activity and promote the activity by giving proper guidance, grants etc.

For Petitioner : Mr. T.S. Rajamohan For Respondents : Mr. S.T.S. Murthi Government Pleader assisted by Mr.V.R.Kamalanathan, AGP and Mr.V.Shanmughasundar, GA -(for R1-5) Mr.M.K.Subramanian Spl. Govt. Pleader for R6 Mrs. Rita Chandrasekaran for R7

O R D E R

(Made by The Hon'ble The Chief Justice) Learned counsel for the seventh respondent-Pollution Control Board states that the Members of the Petitioner seek to have prawn cultivation on the basis that the subsoil water of land in question post tsunami has turned saline and is incapable of agricultural operations. She submits that they have to in any case obtain consent from the seventh respondent and merely submitting an application to the fifth respondent would not suffice.

2. The Members of the petitioner are granted fifteen days' time to apply for permission to the seventh respondent. Thereafter, the matter would proceed in accordance with law and the sustainability of the activity of prawn culture would, in turn, depend on the final decision of the seventh respondent.

3. The writ petition accordingly stands closed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ATR

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