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Madras High CourtWMP/21604/2019ordered

M.Mohan Kumar v. The Secretary To Government

2019-07-29Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad3 pages

WMP.No.21604 of 2019 in W.P.No.23047 of 2017 S.MANIKUMAR, J.

AND SUBRAMONIUM PRASAD, J.

Earlier in W.P.No.23047 of 2017, petitioner has sought for writ of mandamus, directing the respondents to frame suitable guidelines for the desilting work being carried out in the water bodies of State of Tamil Nadu especially the 47 water bodies which were identified as High Diversity Water Birds Region by the State of Tamil Nadu.

2. The learned counsel for the Petitioner brought the notice of this Court to certain aspects relating to 47 water bodies and further sought permission to amend the pleadings and prayer in the Writ Petition, by mentioning that "Prioritized Wet Lands" in Tamil Nadu have been identified as "High Diversity Water Birds Region", meaning of the same is not defined in the Biological Diversion Act 2002, and as such prayed to amend the same as "Prioritized Wet Lands" in Tamil Nadu as issued under ENVIS Newsletter on State of Environment, by the Ministry of Environment and Forests, Government of India. Therefore, in the earlier hearing, the learned counsel for the Petitioner, sought for time to amend the prayer. Accordingly, the matter is

listed today along with Petition filed in WMP.21604 of 2019, wherein the petitioner has sought for amendment of prayer. In the affidavit filed in support of the said petition, at paragraph No. 4, it is stated as under:- "I state that the mistake committed by me in quoting those 47 water bodies as "High Diversity Water Birds Region" instead of "Prioritized Wet Lands" is neither willful nor wanton but due to my physical observation over the same. Unless the said term is permitted to be amended there may be confusion in the execution in case of any order passed by this Hon'ble Court".

3. Mr.E.Manoharan, learned Additional Government Pleader, submitted that he has no objection for amendment as sought for by the Petitioner.

4. Placing on record, WMP.No.21604 of 2019 is ordered as prayed for.

5. Registry is directed to carry out the necessary amendment, wherever required and post the instant writ petition along with the batch. (S.M.K.J,) (S.P.J,) 29.07.2019

dpq S.MANIKUMAR, J.

AND SUBRAMONIUM PRASAD, J.

dpq WMP.No.21604 of 2019 in W.P.No.23047 of 2017 29.07.2019