M/S.Manju Foundation Private Limited v. The Union Of India
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.05.2025 CORAM :
The Hon'ble MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and The Hon'ble MRS.JUSTICE T.V.THAMILSELVI M/s Manju Foundations Private Limited, Represented by its Director, K.Kumar, No.8, Sapthaswara Apartments, Flat Nos.J & L, 1st Avenue, Ashok Nagar, Chennai-600 083.
.. Petitioner -vs1. The Union of India, Rep by its Secretary to Government Ministry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.
2. The National Coastal Zone Management Authority, Rep by its Member Secretary, O/o Ministry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.
3. The Director, National Centre for Sustainable Coastal Management, Ministry of Environment & Forests, Tamil Nadu.
4. The Director of Environment/Member Secretary, State Coastal Zone Management Authority, No.327, Metros, 9th Floor, Anna Salai, Nandanam, Chennai-600 035.
5. The Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002.
6. The District Collector, Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu-605 602.
7. The Assistant Director of Town and Country Planning, Villupuram Region, TADHCO Building, G.H.Road, Villupuram-605 602.
8. The Executive Officer, Town Panchayat Office, Marakkanam Village.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 4th respondent to consider petitioner's representation dated 14.02.2025 and consequently, direct the 4th respondent to survey petitioner's lands in Survey Nos.189, 190, 194, 195, 196, 206, 210, 211, 212, 213 and 214 in Marakkanam North Village measuring approximately 84.00 Acres and categorize it as CRZ-II as it
stood as per CRZ Notification 2011.
For Petitioner :
Mr.S.Mukunth Senior Counsel Assisted by Mr.R.Krishna Prasad For Mr.R.Suryanarayanan For Respondents :
Mr.K.Srinivasamurthy Special Panel Counsel For R.1 and R.2 :
Mr.T.K.Saravanan Addl. Government Pleader For R.3 to R.8 * * * * *
ORDER
(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) By this petition, the petitioner seeks a direction to the fourth respondent to consider representation dated 14.02.2025 in relation to the re-classification of the petitioner's lands under CRZ-II instead of the current classification.
2. Mr.K.Srinivasamurthy, learned Special Panel Counsel, takes notice for respondents 1 and 2 and Mr.T.K.Saravanan, learned Additional Government Pleader, takes notice for the respondents 3 to 8.
3. Learned counsel appearing for respondents 1 and 2 submits that the representation may be considered and disposed of by the fourth respondent on merits.
4. The petitioner asserts that the original classification of its lands in Marakkanam Village was CRZ Zone II as per CRZ Notification of the year 2011. He further submits that such classification was modified thereafter pursuant to order dated 11.07.2022 of the National Green Tribunal. According to the petitioner, such re-classification causes irreparable loss and hardship for the projects being developed by the petitioner.
5. In the facts and circumstances outlined above, without expressing any opinion on the merits of the petitioner's representation, the fourth respondent is directed to consider and dispose of petitioner's representation dated 14.02.2025, after providing a reasonable opportunity to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, W.P.No.17959 of 2025 is disposed of. No costs.
(S.K.R., J.) (T.V.T.S.,J.) 28.05.2025 Index : No Website : Yes Speaking Order sr To
1. The Secretary, Union of India, Ministry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.
2. The Member Secretary, National Coastal Zone Management Authority, O/o Ministry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.
3. The Director, National Centre for Sustainable Coastal Management, Ministry of Environment & Forests, Tamil Nadu.
4. The Director of Environment/Member Secretary, State Coastal Zone Management Authority, No.327, Metros, 9th Floor, Anna Salai, Nandanam, Chennai-600 035.
Senthilkumar Ramamoorthy, J.
and T.V.Thamilselvi, J.
(sr)
5. The Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002.
6. The District Collector, Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu-605 602.
7. The Assistant Director of Town and Country Planning, Villupuram Region, TADHCO Building, G.H.Road, Villupuram-605 602.
8. The Executive Officer, Town Panchayat Office, Marakkanam Village 28.05.2025