Arumai Thambi M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.6288 of 2023 1.M.Arumai Thambi ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Member Secretary, Coastal Aqua Culture Authority, 5th Floor, Animal Husbandry and Fishing Department, Nanthanam, Chennai.

3.The Tahsildar, Avudaiyarkovil Taluk Office, Pudukkottai District.

4.Senthilnathan 5.Ganapathy 6.Gandhi ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take necessary action against the respondents 4 to 6 for running a unauthorized shrimp farm in Survey No.1/16, 1/17 and 1/18 situated at Kodigulam Village, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District. For Petitioner : Mr.M.Ramu For RR 1 & 3 : Mr.P.Thilak Kumar Government Pleader For R - 2 : Mr.Y.Sasikumar Special Government Pleader For RR 4 to 6 : Mr.G.Mathavan

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the the respondents 1 to 3 to take necessary action against the respondents 4 to 6 for running a unauthorized shrimp farm in Survey No.1/16, 1/17 and 1/18 situated at Kodigulam Village, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 3 to 2/6

consider the representation of the petitioner dated 27.06.2022 and to pass appropriate orders, in accordance with law within a time frame. 2.According to the petitioner, the lands comprised in Survey Nos.1/16, 1/17 and 1/18 are Government poramboke and the Government assigned with an extent of 86 acres to the landless persons for agricultural activities. However, some of the assignee did not comply with the condition imposed in the assignment order. While being so, the respondents 5 and 6 purchased the lands from the assignee and started shrimp farm business without approval of the second respondent and running the same unauthorizedly. Hence, the petitioner submitted representation to the respondents 1 to 3. Since the same has not been considered, the petitioner has filed the present Writ Petition. 3.The learned Government Pleader appearing for the respondents 1 and 3 and the learned Special Government Pleader appearing for the second respondent submitted that the representation of the petitioner will be considered on merits.

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4.Considering the submissions made by the learned counsel appearing on either side, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the respondents 1 to 3 to consider the representation submitted by the petitioner dated 27.06.2022, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and respondents 4 to 6, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 27.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Member Secretary, Coastal Aqua Culture Authority, 5th Floor, Animal Husbandry and Fishing Department, Nanthanam, Chennai.

3.The Tahsildar, Avudaiyarkovil Taluk Office, Pudukkottai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 27.02.2025 6/6