Vibushnan v. The Coastal Aquaculture
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. No.30651 of 2015 and M.P. No.1 of 2015 Vibushnan Petitioner 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 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari mandamus calling for the records of the third respondent i.e., the Forest Range Officer, Tindivanam, Forest Range Office, culminating in Eviction Notice dated 31.08.2015, quash the same and further direct the respondents 3 to 5 not to take
any coercive steps from evicting the petitioner from the shrimp farm in the Kazhuveli Forest Land in Survey No.1, an extent of 2.00 acres at Urani Village, Marakkanam Taluk, Villupuram District. For petitioner Mr. K. Balakrishnan For RR 2,4 & 5 Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader For R3 Mr.N. Sakthivel Govt. Advocate
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for respondents 2,4 and 5. Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondent 3. With their consent, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed assailing the notice dated the 31st ultimo 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 Counsel appearing for the petitioner is that the officer, who has issued the impugned notice, has no competence to issue the same, as the land in question falls within the territory of some other Forest Range Office. Be that as it may, the impugned notice is in the form of a show cause notice. Thus, it is open to the petitioner 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 petitioner's representation/explanation shall advert to all the objections raised by the petitioner while passing final orders and taking action. Needless to state that no coercive action shall be taken till final orders are passed.
The writ petition stands disposed of with the above direction and observation. No costs. Connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar ra 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.52732 +1 cc to Government Pleader, sr.52887 +1 cc to Special Government Pleader, sr.52656 W.P. No.30651 of 2015 pur co kra 09/10