Thulasi Raman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI THULASI RAMAN .. Petitioner Vs

1. THE DISTRICT COLLECTOR THIRUVALLUR DISTRICT.

2. THE TAHSILDAR, PONNERI TALUK.

3. THE BLOCK DEVELOPMENT OFFICER, SHOLAVARAM.

4. THE CHAIRMAN OF TAMIL NADU, POLLUTION CONTROL BOARD, CHENNAI-6.

5. THE CHAIRMAN OF DISTRICT POLLUTION CONTROL BOARD, THIRUVALLUR.

6. THE PRESIDNET, NEW ERUMAIVETTIPALAYAM PANCHAYAT, THIRUVALLUR.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation dated 19/06/2024 by removing the unauthorized prawn culture trade in Devanery Village, New Erumaivettipalayam Panchayat, Sozhavaram Block, Ponneri Taluk, Thiruvallur District-600 067.

For the Petitioner : Mr.R.Sankarasubbu For the Respondents : Mr.K.Karthik Jagannath Government Advocate for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 19.6.2024 by removing the unauthorized prawn culture trade in Devanery Village, New Erumaivettipalayam Panchayat, Sozhavaram Block, Ponneri Taluk, Tiruvallur District.

2. Today, when the writ petition is taken up for hearing, learned Government Advocate appearing for respondents 1 to 3 has filed the status report of the Assistant Director, Fisheries and Fishermen Welfare Department (not arrayed as party respondent in the writ petition), wherein it has been stated that the District Level Technical Committee is about to conduct an inspection in Devanery Hamlet and the surrounding areas of New Erumaivettipalayam Panchayat and, upon such inspection, if it is found that there are Shrimp Farms that are operating without certificate of registration and/or in violation of the guidelines, necessary action will be taken for closure of the said Farms.

3. The aforesaid asseveration made by the Assistant Director, Fisheries and Fishermen Welfare Department in the status report is taken on record. However, considering the fact that till date the representation of the petitioner is not considered by the District Collector, we direct the first respondent/District Collector, Tiruvallur, to consider the representation of the petitioner dated 19.6.2024 and pass orders on merits and in accordance with law, as early as possible,

preferably within a period of twelve weeks from the date of receipt of a copy of this order, after hearing all concerned.

4. We make it clear that if any shrimp farms/prawn farms are operating illegally in the aforesaid village, the respondent authorities are directed to take necessary action for closure of the said shrimp farms/prawn farms in the manner known to law.

5. With the above observation and direction, the writ petition is disposed of. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B, J.) 29.08.2024 Index :

Yes/No NC :

Yes/No bbr To:

1. THE DISTRICT COLLECTOR THIRUVALLUR DISTRICT.

2. THE TAHSILDAR, PONNERI TALUK.

3. THE BLOCK DEVELOPMENT OFFICER, SHOLAVARAM.

4. THE CHAIRMAN TAMIL NADU POLLUTION CONTROL BOARD, CHENNAI-6.

5. THE CHAIRMAN DISTRICT POLLUTION CONTROL BOARD, THIRUVALLUR.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

bbr 29.08.2024