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Madras High CourtWP/24030/2019disposed of

R.Rahima, v. The Assistant Director,

2019-12-19Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2019

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.24030 of 2019

1. R.Rahima

2. B.Syed Nazar .. Petitioners ..Vs..

The Assistant Director, Directorate of Fisheries, Nagapattinam (North) District, Sirkhazhi - 609110.

..Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to process petitioner's application dated 02.07.2017 for registration and issuance license for Shirmp farm within a stipulated time.

For Petitioners : Ms. A.Ajimath Begam For Respondent : Mrs. P. Rajalakshmi Additional Government Pleader

O R D E R

The petitioners have filed present writ petition seeking a Mandamus to process the application dated 02.07.2017 for registration and issuance of licence for Shrimp farm in the property bearing S.Nos.174, 176/1, 177/2A, 3A, 178/1,2, 179/1,2, 181/1B, 2A, 2B, 184/1, 173/181/A,E, 184/2A, 2C in Thittai Village, Thirunagari Taluk, Nagapattiam District measuring an extent of 7.68 Hectares.

2.Heard, Ms. A.Ajimath Begam learned counsel appearing for the petitioners and Mrs.P.Rajalakshmi learned Additional Government Pleader appearing for the respondent.

3. It is stated that the said land belongs to the petitioners herein. Unfortunately, the application of the petitioners dated 02.07.2017 has been kept pending by the

respondent viz., the Assistant Director, Directorate of Fisheries in Nagapattinam North District.

4. A status report had earlier been filed by the respondent on 18.09.2019 and in the said status report, it had been stated as follows:- "7. It is submitted that the District Level Committee meeting was held on 30.08.2019 at Nagapattinam Collector Office in the presence of Chairperson/District Collector, Nagapattinam. The petitioner's shrimp Farm application now under process for new registration are to be inspected by the District Level Committee. After inspecting the petitioner's shirmp farm, the inspection reports received from the District Level Committee (DLC) [including District Revenue Official, District Forest Offical, Joint Director of Agriculture Official, Secretary of District Panchayat Officials and Fisheries Department], based on the recommendatation of the DLC it will be forwarded to SLC. Thereon, SLC will recommend the application to CAA (Coastal Aquaculture Authority) to issue the new registration certificate to shrimp farm owner as per the Coastal Aquaculture Authority Act 2005."

5. In view of the categorical statement made by the respondent that orders will be passed on the application, after following procedures as stated above, a direction is issued to the respondent to pass final orders on or before 31.01.2020. It is made clear that the respondent should comply with the direction of this Court and pass appropriate orders on or before 31.01.2020.

6. With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To The Assistant Director, Directorate of Fisheries, Nagapattinam (North) District, Sirkhazhi - 609110.

+2cc to Ms.A.Ajimath Begam, Advocate SR.105711 +1cc to the Government Pleader SR.106271 W.P.No.24030 of 2019 RSI(CO) CB(29/01/2020)