Jeevarathinam v. The Coastal Aquaculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.33633, 33697, 33730, 33854, 34791 & 34789 of 2015 and M.P.Nos.1 to 1 of 2015 Jeevarathinam .. Petitioner in W.P.33633/2015 Vinayagam .. Petitioner in W.P.33697/2015 Ravivarman .. Petitioner in W.P.33730/2015 Gunasekar .. Petitioner in W.P.33854/2015 Venkatesan .. Petitioner in W.P.34791/2015 N.Rajendran .. Petitioner in W.P.34789/2015 -vs1.The Coastal Aquaculture Authority, Shastri Bhavan, IInd Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai-600 006.

2.The District Collector, 3.The Forest Range Officer, Tindivanam Forest Range Office, 4.The Tahsildar, Office of the Tahsildar, Marakkanam, Tindivanam Taluk, .. Respondents in W.P.33633, 33697, 33730, 33854/2015

1.The Member, Co-Ordinator/ Assistant Director, Fisheries, District Level Committee, Villupuram.

2.The District Collector, 3.The Forest Range Officer, Tindivanam Forest Range Office, 4.The Tahsildar, Office of the Tahsildar, Marakkanam, Tindivanam Taluk, .. Respondents in W.P.34791, 34789/ W.P.No.33633 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 4th respondent i.e, the Tahsildar, Marakkanam, culminating in A2/852/2015, dt. 21.8.2015 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 survey Nos.636.2 an extent of 1.00.0 Acre at Nadukuppam (East) Village, Marakkanam Union, Villupuram District. W.P.No.

33697 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 3rd 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 Kazhuveli forest land in Survey No.1, an extent of 5 Acres at Anumanthai Village, Marakkanam Taluk, Villupuram District. W.P.No.33730 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 4th respondent i.

A2/852/2015, dt. 24.7.2015 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 survey Nos.672-2, 673-1. 673-2 and 606-2 an extent of 4.30 acres at Nadukuppam (East) Village, Marakkanam Union, W.P.No.33854 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 3rd 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 an extent of 1500 square metre at Nadukuppam village, Marakkanam Taluk, Villupuram District. W.P.No.

34791 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 3rd 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 15.00 Acres at Anumanthai Village, Marakkanam Taluk, Villupuram District.

W.P.No.34789 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 3rd 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 Kazhuveli forest land in Survey No.1, an extent of 2.5 Acres at Anumanthai Village, Marakkanam Taluk, Villupuram District. For Petitioner(s): Mr.K.Balakrishnan For Respondents : Mr.V.R.Kamalanathan Addl. Government Pleader for RR2, 4 & 5 in all W.Ps.

Mr.M.K.Subramanian Spl. Government Pleader (Forest) for R3 in all W.Ps.

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We are informed that appeals have been filed before the Appellate Authority, which are pending consideration and are required to be decided expeditiously. Along with the appeals, it is stated that interim stay applications have also been filed.

2. The learned Additional Government Pleader appearing for the respondents states that the appeals will be decided before the next date fixed in the main matter, which is listed for compliance on 15th December, 2015.

3. The aforesaid statement is taken on record and the writ petitions, accordingly, stand disposed of. No costs. Consequently, all connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To 1.The Coastal Aquaculture Authority, Shastri Bhavan, IInd Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai-600 006.

2.The District Collector, Villupuram District. 3.The Forest Range Officer, Tindivanam Forest Range Office, 4.The Tahsildar, Office of the Tahsildar, Marakkanam, Villupuram District.

Tindivanam Taluk, Villupuram District.

6.The Member, Co-Ordinator/ Assistant Director,Fisheries, District Level Committee, Villupuram.

+ 1 cc to the Govt.Pleader, Sr 62679 (8/1/16) W.P.Nos.33633, 33697,33730, 33854,34791,34789/2015 MSM(CO) EU 24.11.15