Pandian v. The Coastal Aquaculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. Nos.30835 to 30837 of 2015 and M.P. Nos.1 of 2015 Pandian Petitioner in W.P. No.30835 of 2015 Balasubramaniam Petitioner in W.P. No.30836 of 2015 A. Sankar Petitioner in W.P. No.30837 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 all the WPs Prayer in W.P. No.30835 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 dated 20.05.2015, 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 4 acres at Anumanthai Village, Marakkanam Union, Villupuram District. Prayer in W.P. No.30836 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 dated 08.09.2015, 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 an extent of 3 acres at Urani Village, Marakkanam Union, Villupuram District. Prayer in W.P. No.30837 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 dated 08.09.2015, 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 an extent of 8 acres at Kottikuppam Village, Marakkanam Taluk, Villupuram District. For petitioner Mr. K. Balakrishnan in all the WPs For RR 2,4 & 5 Mrs. A. Srijayanthi in all the WPs Special Govt. Pleader For R3 Mr. M.K. Subramaniam in all the WPs Special Government Pleader - Forest COMMON ORDER (delivered by SATISH K. AGNIHOTRI, J.) Mrs. A.

Srijayanthi, learned Special Government Pleader, accepts notice for respondents 2,4 and 5. Mr. M.K. Subramaniam, learned Special Government Pleader (Forest), accepts notice for respondent 3. With the consent of the learned counsel for the petitioners, learned Special Government Pleader appearing for respondents 2,4 and 5 and also the learned Special Government Pleader (Forest) appearing for the third respondent, the writ petitions are taken up for final disposal, at the admission stage itself.

These writ petitions are filed assailing the notices dated the 20 May 2015, 08 September 2015 and 08 September 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 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 notice. Thus, it is open to the petitioners to file representation/explanation to the authority concerned, raising all the issues, including the issue of jurisdiction, if so advised, within a period of two weeks. 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.

It is also made clear that this order may not be understood that the authorities are not obligated to take consequential action, after finding that there is encroachment. The intent of this order is only to afford an opportunity of hearing to the alleged encroachers. After representations are made by the petitioners within the timeframe, as indicated above, the authorities are directed to consider the same and take consequential action within a period of two weeks and submit a report to the Registry of this Court. The writ petitions stand disposed of with the above observations. No costs. Connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CS IV ) /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 Copy to:

The Section Officer, Writ Section, High court, Madras.

(For watching the Report and Post after 4 weeks) +2 ccs M/s.K.Balakrishnan, Advocate, sr.53162 & 53163 +1 cc to The Special Govt.Pleader, (F), sr.52989 +1 cc to The Government Pleader, sr.53715 W.P. Nos.30835 to 30837 of 2015 mp co kra 12/10