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Madras High CourtWP/23797/2018closed

M/S.Meenam Fisheries Ltd., v. Chennai Port Trust

2018-09-24Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 23797 of 2018 and W.M.P.No.27742 of 2018 M/s.Meenam Fisheries Ltd., Rep by its Manager Operations, D.Ravi No.272, Avvai Shanmugam Salai, Gopalapuram, Chennai 600 086.

... Petitioner Vs 1.Chennai Port Trust, Rep by its Chairman No.1, Rajaji Salai, Chennai - 600 001.

2.The Deputy Conservator, Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

3.Chennai Fishing Harbour Management Committee, Rep.by its Manager, Old Administrative Building, 4th Floor, No.1, Rajaji Salai, Chennai - 600 001.

4. The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

5. The Principal Officer, Mercantile Marine Department, Anchor Gate Building, 2nd Floor, Rajaji Salai, George Town, Chennai - 600 001.

6. Director of Fisheries, Government of Tamil Nadu, DMS Complex, Teynampet, Chennai 600 018.

7. District Environmental Engineer, 36-107, Mugappair, JJ Nagar East, Chennai - 600 037.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to permit the petitioner to dismantle its Fishing Boats 'MFV Rising Sun' having official No.F-MDR-019 and MFV Rising Star Official No. F-MDR-020 berthing at Kasimedu Shipping Harbour limit and to bring out their scrap out of Chennai Port limit through all necessary steps and by using required machineries within a reasonable time. For Petitioner : Mr.N.R.Elango (SC) for Mr.R.NeelaKandan For Respondents : Mr.Haja Mohideen Gisti for R1 to R3 Mrs.Rita Chandrasekar for R4 Mr.Jayaprakash Narayanan, Special Govt. Pleader for R6 & R7

O R D E R

* The petitioner has come up with this writ petition seeking a direction to the respondents to permit the petitioner to dismantle its Fishing Boats 'MFV Rising Sun' having Official No.F-MDR-019 and 'MFV Rising Star' having Official No.F-MDR-020 berthing at Kasimedu Shipping Harbour limit and to bring out their scrap out of Chennai Port limit.

2. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the petitioner undertakes to comply with the conditions stipulated, more particularly at paragraph No.6 of the report filed by the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, for which, the learned counsel for the fourth respondent has no serious objections.

3. In view of the above, recording the above submission of the learned counsel for the petitioner, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) * Corrected as per order dated 09.01.2019 made in W.P.23797 of 2018 Sd/ Assistant Registrar(CS II) dated : 09/01/2019 //True Copy// Sub Assistant Registrar gsk To 1.The Chairman, Chennai Port Trust, To be substituted No.1, Rajaji Salai, Chennai - 600 001.

the order already despatched on 2.The Deputy Conservator, 27.09.2018 Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

3.The Manager, Chennai Fishing Harbour Management Committee, Old Administrative Building, 4th Floor, No.1, Rajaji Salai, Chennai - 600 001.

4.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

5.The Director of Fisheries, Government of Tamil Nadu, DMS Complex, Teynampet, Chennai 600 018.

6.The District Environmental Engineer, 36-107, Mugappair, JJ Nagar East, Chennai - 600 037.

+1cc to Mr.R.Neelakandan, Advocate, S.R.No.66016. +1cc to Mr.S.Haja Mohideen, Advocate, S.R.No.65941. +1cc to Mr.Rita Chandrasekar Advocate, S.R.No.66160. +1cc to the Government Pleader, S.R.No.66275. * +1cc to Mr.R.Neelakandan, Advocate, S.R.No.2202. +1cc to Mr.S.Haja Mohideen, Advocate, S.R.No.2466. W.P.No.23797 of 2018 NRJK (CO) rrs 25/09/2018 rrs 09/01/2019