Madras High CourtCRL RC/441/2016disposed of

Vajravelu, v. The Sub Divisional Magistrate

2016-03-15Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.R.C.No.441 of 2016 & Crl.M.P.No.2924 of 2016 Vajravelu .. Petitioner Vs.

The Sub-Divisional Magistrate-cum- Revenue Divisional Officer, Ponneri, Thiruvallur District.

.. Respondent Criminal Revision Case against the order dated 08.03.2016 passed by the respondent in Na.Ka.No.3476/2015/A2. For petitioner : Mr.N.Anand Venkatesh For respondent : Mr.V.Arul, Govt. Advocate (Crl. Side)

ORDER

This Revision is directed as against the order of the SubDivisional Magistrate/Revenue Divisional Officer, Ponneri, Thiruvallur District, passed in Na.Ka.No.3476/2015/A2, dated 08.03.2016.

2. The revision petitioner owns a piece of land. He is having a prawn culture farm in the said land. On complaint by the Fisheries Department, the respondent issued him show cause notice. Considering his reply, the respondent passed the impugned order, directing him to remove the farm on or before 17.03.2016, failing which, it will be removed by the authorities.

3. Aggrieved, this Revision is filed by the land owner.

4. According to the learned counsel for the petitioner, the petitioner is carrying on the farm culture for a long time. At any rate, he must be given a reasonable opportunity even to remove it.

5. On the other hand, learned Government Advocate submitted that the authority has followed the procedures and gave him opportunity. The revision petitioner has also given a letter, dated 07.03.2016 to the respondent, seeking 90 days' time to remove the farm.

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6. I have anxiously considered the rival submissions and perused the materials on record. It is a fact that the revision petitioner is running the farm for a long time. The revision petitioner has also given a letter, dated 07.03.2016 to the respondent, undertaking to remove the farm and sought for 90 days' time.

7. The said letter dated 07.03.2016 of the revision petitioner is treated as his undertaking and it is recorded and the revision petitioner is directed to remove the said prawn culture farm on or before 12.06.2016, failing which, the respondent shall proceed with the removal of the farm in accordance with law. This Crl.R.C. is disposed of accordingly. Crl.M.P. is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Sub-Divisional Magistrate-cum- Revenue Divisional Officer, Ponneri, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Anand Venkatesh, Advocate Sr.16601 Crl.R.C.No.441 of 2016 sld(CO) srg(16/03/2016) https://hcservices.ecourts.gov.in/hcservices/