Dayalan v. The Coastral Acqua Cultural
IN T HE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.09.2015 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P. No.29845 of 2015 and M.P.No.1 of 2015 Dayalan .. Petitioner -vs1.The Coastal Acqua Cultural Authority, Sastri Bhavan, II Floor, Sastri Bhavan Annexure, No.26, Hudders Road, Chennai-6.
2.The Secretary to Govt. of Tamil Nadu, Dept. of Forest and Environemnts, Fort. St. George, Chennai - 600 009.
3.The District Collector, Villupuram District, Villupuram.
4.The District Forest Officer, Villupuram District, Villupuram.
5.The Tahsildar, Marakkanam Taluk, Villupuram District.
6.The Assistant Engineer, Tamil Nadu Electricity Board, Marakkanam, Villupuram District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 29.07.2015 by clsoing the Acqua Culture Industry in 1200 Acres of land situated at M.Pudupakkam, Marakkanam Taluk, Villupuram District forthwith to secure the ends of justice.
For Petitioner :
Mr.R.Sankarasubbu For Respondents:
Mr.S.T.S.Murthy, Govt. Pleader assisted by Mr.V.R.Kamalanathan, A.G.P. And Mr.V.Shanmugha Sundar, Govt. Advocate for RR 1, 3 & 5 :
Mr.N.Inbanathan, G.A. (Forest) for RR 2 and 4 :
Mr.P.R.Dhilip Kumar for R-6
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) We are informed that similar issue was raised in another writ proceedings in W.P.No.20429 of 2015 in respect of Nadukuppam Village, Marakkanam Taluk, Villupuram District. The said writ petition was disposed of vide order dated 04.08.2015, on the following terms: ''5.On a perusal of the affidavits of both the 4th and 5th respondents and on hearing the learned counsel for the parties, it emerges that there are two actions necessarya)The action for verification of the entitlement to hold the land is liable to be expedited and demarcation process to proceed quickly.
b)If no valid license is in existence, it is necessary action has to be taken to stop the prawn culture activity.
Thus, the two pronged action is required for this purpose to be taken in accordance with law. We may note on the issue of prawn culture, on the requirements, we have considered the larger issue in W.P.No.12235 of 1995 decided on 10.12.2014 (M.Ganesan vs. Government of Tamil Nadu). 6.Learned counsel appearing for the respondents assures that necessary action in this behalf will be taken and a compliance report shall be filed within two months from the date of receipt of this order.''
2.The prayer in the present writ petition being similar in nature, the writ petition stands disposed of on the same terms. No costs. Consequently, M.P.No.1 of 2015 stands closed.
3.List for compliance on 30.10.2015 along with W.P.No.20429 of 2015.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sra To 1.The Coastal Acqua Cultural Authority, Sastri Bhavan, II Floor, Sastri Bhavan Annexure, No.26, Hudders Road,Chennai-6.
2.The Secretary to Govt., Dept. of Forest and Environemnts, Fort. St. George, Chennai.
3.The District Collector, Villupuram District, Villupuram.
4.The District Forest Officer, Villupuram District, Villupuram.
5.The Tahsildar, Marakkanam Taluk, Villupuram District.
6.The Assistant Engineer, Tamil Nadu Electricity Board, Marakkanam, Villupuram District.
Copy to: The Section Officer, Writ Section, High Court, Madras.
+1 cc to M/s.R.Sankarasubbu, Advocate, sr.51472 +1 cc to Special Government Pleader (F), sr.51819 +1 cc to The Government Pleader, sr.51687 W.P.No.29845 of 2015 mp co kra 08/10