Kumaravel v. The Coastal Aquaculture
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.01.2016 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.SATHYANARAYANAN W.P.No.33578 of 2015 and W.P.Nos.30241 to 30243 of 2015 and M.P.Nos.1 of 2015 (4 Petitions) ------- Kumaravel .... Petitioner in W.P.No.33578 of 2015 Poyyamozhi .... Petitioner in W.P.No.30241 of 2015 Pandurangan .... Petitioner in W.P.No.30242 of 2015 Kumaran .... Petitioner in W.P.No.30243 of 2015 versus 1.The Coastal Aquaculture Authority Shastri Bhavan, II Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai 600 006.
2.The District Collector, Villupuram.
3.The Forest Range Officer, Tindivanam Forest Range Office, Villupuram District.
4.The Tahsildar, Marakkanam, Villupuram District.
5.The Village Administrative Officer, No.221, Nadukuppam Village, Tindivanam Taluk, Villupuram District.
... Respondents in all W.Ps
W.P.No.33578 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified mandamus, calling for the records of the 3rd respondent i.e., the Forest Ranger 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 S.No.1, an extent of 7 acres at Markkanam Village, Markkanam Taluk, Villupuram District.
W.P.No.30241 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified mandamus, calling for the records of the 4rd respondent i.e., Tahsildar, Marakkanam, culminating in A2/852/2015 dated 21.08.2015, 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 S.Nos.628/1, 630/2, 630/3, 629/2 and 627 an extent of 2.40 acres at Nadukuppam (East) Village, Marakkanam Union, Villupuram District. W.P.No.30242 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified mandamus, calling for the records of the 4rd respondent i.e., Tahsildar, Marakkanam, culminating in A2/852/2015 dated 21.08.
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 S.Nos.679.2, an extent of 0.67.5, 658 an extent of 0.20.0 acres at Nadukuppam (East) Village, Marakkanam Union, Villupuram District. W.P.No.30243 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified mandamus, calling for the records of the 4rd respondent i.e., Tahsildar, Marakkanam, culminating in A2/852/201 dated 21.08.2015, 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 S.Nos.597/1, extent of 0.29.5, 597/2, 0.29.0, 597/6, 0.09.0, 597/7, 0.10.5, 598/3, and 075.
5 acres at Nadukuppam (East) Village, Marakkanam Union, Villupuram District.
For Petitioner ::: Mr.K.Balakrishnan in all WPs.
For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.Shanmugasundar Government Advocate for R.1, R.2, R.4 and R.5 in all WPs.
Mr.M.K.Subramanian Special Government Pleader for R.3 in all WPs
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) These public interest litigations have been filed against encroachment of land and shrimp farming having been carried out in canal forest land. The petitioners before us are enjoying interim relief, as they were aggrieved by the show cause notices issued by the authorities concerned and apprehend dispossession.
2. There has been subsequent change of circumstances on account of nature as flooding of the area due to monsoon, prevented the activity from going on as rain accumulated decreasing salinity .
3.The affidavit filed by the 5th respondent has categorically stated that as on date, no prawn culture activity is in progress and that the area is submerged in water. The shrimp farming is stated to be in water catchment area of Buckingham Canal (South end) and not only the area is marooned, but restarting any prawn culture activity is not possible for at least three months. The affidavit stated that all steps have been taken to ensure that prawn culture activity does not restart.
4. The affidavit also points out that the objections to the notices have been dealt with and that will also be the fate of the remaining applications. In fact, three weeks' time had been granted earlier as a measure of interim protection to facilitate the disposal of the objections.
5. The postition today is that no prawn culture is on, the petitioners have extended themselves beyond their alleged patta area to carry on that activity and thus, the revenue authorities have to demarcate and ensure that the petitioners confine themselves to their area and that too, not for prawn culture activity. Naturally, till this work is over, the petitioners cannot be dispossessed.
6. The writ petitions accordingly stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CSII) True Copy Sub-Assistant Registrar ksr Copy to:
1.The Coastal Aquaculture Authority, Shastri Bhavan, II Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai 600 006.
2.The District Collector, Villupuram.
3.The Forest Range Officer, Tindivanam Forest Range Office, Villupuram District.
4.The Tahsildar, Marakkanam, Villupuram District. 5.The Village Administrative Officer, No.221, Nadukuppam Village, Tindivanam Taluk, Villupuram District.
+4 ccs to Mr.K.Balakrishnan Advocate sr.5103 to 5106 W.P.No.33578 of 2015 and W.P.Nos.30241 to 30243 of 2015 evr(co) aa10/02/2016