M/S.Gangothiri Hatchery, v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.8488 and 27193 of 2015 and M.P.No.1 of 2015 M/s.Gangothiri Hatchery (Property of Shrimpex Hatcheries Pvt.Ltd.,) rep.by its Managing Director, Thomas David Kumar, # 6 & 7, VGP Layout (Part-II), Uthandi, Sholinganallur, Chennai - 119.

...Petitioner in both W.Ps

Vs.

The Member Secretary, Coastal Aquaculture Authority, 2nd Floor, Shastri Bhavan Annexe, # 26, Haddows Road, Chennai - 06.

...Respondent in W.P.8488 of 2015

The Member Secretary, Coastal Aquaculture Authority, No.12A, Bharathi Street, GDR Tower, Vanuvampet, Madipakkam Post, Chennai - 91.

...Respondent in W.P.No.27193 of 2015

Writ Petition in W.P.No.8488 of 2015 is filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the respondent to consider the petitioner's application dated 16.03.2015 for renewal of letter of permission for the year 2015-16 within reasonable time.

Writ Petition in W.P.No.27193 of 2015 is filed under Article 226 of The Constitution of India praying to issue writ of certiorarified

mandamus to call for the records in connection with the impugned order passed by the respondent in No.66-1(2015)-Tech(07) dated 07.08.2015 and quash the same and further direct the respondent to renew the registration of the petitioner hatchery within reasonable time.

For Petitioner :

Mr.S.Sivakumar in both W.Ps For Respondent :

Mr.B.Vijay in both W.Ps COMMON ORDER As the issue involved in both the writ petitions is one and the same, they are taken up together and disposed of by common order.

2. Mr.B.Vijay, learned counsel appearing for respondent submitted that the application made by the petitioner was not in the prescribed format as required under the Coastal Aquaculture Authority Act. If the application is made in the prescribed format, it will be considered on merits and in accordance with law, provided the same is made by Sri Thomas David Kumar. Learned counsel appearing for the petitioner submitted that such application would be made within a reasonable time.

3. Considering the submissions made by the learned counsel on either side, these writ petitions stand disposed of and all the issues are left open giving liberty to the petitioner raise the issues before the appropriate forum. The petitioner is permitted to file application in the prescribed format. On filing of such application in the prescribed format, the respondent shall consider the same and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

usk To

1. The Member Secretary, Coastal Aquaculture Authority, 2nd Floor, Shastri Bhavan Annexe, # 26, Haddows Road, Chennai - 06.

2. The Member Secretary, Coastal Aquaculture Authority, No.12A, Bharathi Street, GDR Tower, Vanuvampet, Madipakkam Post, Chennai - 91.

1 CC to Mr.S.Sivakumar, Advocate SR.No. 50141 W.P.Nos.8488 and 27193 of 2015 AD (CO) PSI (01.10.2015)