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Madras High CourtWP/13756/2018disposed of

K.Subramanian, v. The District Collector,

2023-08-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.K.Subramanian 2.M.Baulraj 3.S.Dharmalingam 4.G.Arumugam 5.K.S.Pannerselvam 6.P.Mahendhiran ..

Petitioners Vs 1.The District Collector, Collectorate Office, 2.The Revenue Divisional Officer, 3.The Thasildar, Taluk Office, 4.The District Forest Officer, Nagapattinam Division, 78-A, South Main Road, Thiruvarur-610 001.

5.The District Environment Engineer, The Tamil Nadu Pollution Control Board, 14, Perumalkoil Street, Nagapattinam-611 001.

6.The Assistant Director of Fisheries, Fisheries Department, Nagapattinam District.

7.The Executive Engineer, Tamil Nadu Electricity Board, 8.J.Karthikeyan 9.The Coastal Aquaculture Authority, though its Member Secretary, 12-A, GDR Tower, Bharathi Street, Vanuvampettai, Chennai-600 091.

.. Respondents (Respondent No.9 impleaded as per order dt. 8.6.2018) Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 to forthwith take action and stop the unauthorised aquaculture unit being run by the 8th respondent in Survey Nos.26-6A3-0.42.50 and 27-6B-0.23.50 situated Karuvelankadai Village, Nagapattinam Taluk by ensuring that no aqua culture activities are carried out near agricultural wet lands damaging the entire vicinity.

For the Petitioners : Mr.T.Ananthasekar for M/s.S.Ramesh For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.1 to 4 & : Mr.K.S.Navin Balaji for respondent No.8 : RR5, 7 & 9 - No Appearance

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.T.Ananthasekar, learned counsel for the petitioners; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 4 and 6 and Mr.K.S.Navin Balaji, learned counsel for respondent No.8.

2. Learned counsel for the petitioners submits that, after the writ petition is filed, respondent No.8 has stopped the activity of aquaculture in the subject lands.

3. Counter-affidavit is also filed to the effect that no aquaculture activities are carried out in the subject lands.

4. In view of the above, the purpose of the writ petition stands served.

5. The writ petition is, accordingly, disposed of. There will be no order as to costs. Consequently, W.M.P.No.16227 of 2018 is closed.

(S.V.G., CJ.) (P.D.A., J.) 10.08.2023 Index :

Yes/No Yes/No bbr

To:

1.The District Collector, Collectorate Office, 2.The Revenue Divisional Officer, 3.The Thasildar, Taluk Office, 4.The District Forest Officer, Nagapattinam Division, 78-A, South Main Road, Thiruvarur-610 001.

5.The District Environment Engineer, The Tamil Nadu Pollution Control Board, 14, Perumalkoil Street, Nagapattinam-611 001.

6.The Assistant Director of Fisheries, Fisheries Department, Nagapattinam District.

7.The Executive Engineer, Tamil Nadu Electricity Board, 8.The Coastal Aquaculture Authority, though its Member Secretary, 12-A, GDR Tower, Bharathi Street, Vanuvampettai, Chennai-600 091.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 10.08.2023