Avani v. The Coastal Aquaculture
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. Nos.28816 and 28817 of 2015 and M.P. Nos.1 & 2 of 2015 Avani Petitioner in WP No.28816 of 2015 D. Ravivarman Petitioner in WP No.28817 of 2015 vs.
The Coastal Aquaculture Authority Shastri Bhavan, II Floor Shastri Bhavan Annexure 26, Haddows Road Chennai 600 006 The District Collector Villupuram District The Forest Range Officer Tindivanam Forest Range Office Villupuram District The Tahsildar Office of the Tahsildar Marakkanam Villupuram District The Village Administrative Officer No.221, Nadukuppam Village Tindivanam Taluk Villupuram District Respondents in both the WPs W.P. No.28816 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the third respondent i.e., the Forest Range Officer, Tindivanam, Forest Range Office, culminating in Eviction Notice under Section 68-A dated 20.05.2015, quash the same and further direct the respondents not to take any coercive steps from evicting the petitioner from the shrimp farm in Survey Nos.1, an extent of 2.00 acres in the Kazhuveli reserve land, Marakkanam Coastal Area, Villupuram District.
W.P. No.28817 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the third respondent i.e., the Forest Range Officer, Tindivanam, Forest Range Office, culminating in Eviction Notice under Section 68-A dated 13.07.2015, quash the same and further direct the respondents not to take any coercive steps from evicting the petitioner from the shrimp farm in Kazhuveli Forest Land in an extent of 25 acres at Devikulam Village, Marakkanam Union, Villupuram District.
For petitioner Mr. Shriram Panchu, Sr. Counsel in both the WPs for Mr. K. Balakrishnan For RR 2,4 & 5 Mr. N. Sakthivel in both the WPs Govt. Advocate For R3 Mr. N. Inbanathan in both the WPs Government Advocate COMMON ORDER (delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondents 2,4 and 5. Mr. N. Inbanathan, learned Government Advocate, accepts notice for respondent 3. With their consent, the writ petitions are taken up for final disposal, at the admission stage itself.
These writ petitions are filed assailing the notices dated 20 May 2015 and 13 July 2015 respectively passed by the Forest Range Officer, Tindivanam Forest Range Office, Villupuram District, under Section 68-A of the Tamil Nadu Forest Act V 1882. The chief contention of the learned Senior Counsel appearing for the petitioners is that the officer who has issued the impugned notices, has no competence to issue the same, as the lands in question fall within the territory of some other Forest Range Office.
Be that as it may, the impugned notices are in the form of show cause notices. Thus, it is open to the petitioners to file a representation/explanation to the authority concerned, raising all the issues, including the issue of jurisdiction, if so advised. We make it clear that the officer considering the petitioners' representation/explanation shall advert to all the objections raised by the petitioners while passing final orders and taking action. Needless to state that no coercive action shall be taken till final orders are passed.
The writ petitions stand disposed of with the above direction and observation. No costs. Connected Miscellaneous Petitions are closed.
Sd/- Deputy Registrar (J) /true copy/ Sub Asst. Registrar cad To The Coastal Aquaculture Authority Shastri Bhavan, II Floor, Shastri Bhavan Annexure 26, Haddows Road Chennai 600 006 The District Collector Villupuram District The Forest Range Officer Tindivanam Forest Range Office Villupuram District The Tahsildar Office of the Tahsildar Marakkanam Villupuram District The Village Administrative Officer No.221, Nadukuppam Village Tindivanam Taluk Villupuram District +1 cc to Mr.K.Balakrishnan, Advocate, sr.49977 +1 cc to Government Pleader, sr.50240 W.P. Nos.28816 and 28817 of 2015 ca co kra 22/09