Madras High CourtWP(MD)/9833/2026disposed of

B.Ramkumar Adityan v. The Secretary

2026-04-09Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)Nos.7757 to 7759 of 2026 B.Ramkumar Adityan ... Petitioner Vs.

1. The Secretary, Ministry of Environment Forest and Climate Change, Government of India, Indira Prayavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

2. The Additional Chief Secretary, Environment, Climate Change and Forests Department, St. George Fort, Chennal - 600 009.

3. The Additional Chief Secretary, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, St. George Fort, Chennai 600 009.

4. The Additional Chief Secretary, 1/10

Tourism Culture and Religious Endowments Department, St. George Fort, Chennai 600 009.

5. The Member Secretary, State Environment Impact Assessment Authority, No.327, 9th Floor, CMRL Metros, Anna Salai, Nandanam, Chennai 600 035.

6. The Director, National Centre for Coastal Research (NCCR), Ministry of Earth Sciences, Velacherry-Tambaram Main Road, Government of India, NIOT Campus, Pallikaranai, Chennal - 600 100.

7. The Director, Department of Environment, No. 327, 9th Floor, CMRL Metros Anna Salai, Nandanam, Chennal 600 035.

8. The Member Secretary, Tamil Nadu State Coastal Zone Management Authority, No.327, 9th Floor, CMRL Metros, Anna Salai, Nandanam, Chennai 600 035.

9. The Director, The Commissioner of Fisheries and Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.

10. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119 Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034. 2/10

11. The Chief Engineer, Fishing Harbour Project Circle, O/o. The Commissioner of Fisheries and Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai 600 035.

12. The District Collector/Chairman, District Coastal Zone Management Authority, Thoothukudi District, Thoothukudi - 628 101.

13. The District Environmental Engineer/Convener, Tamil Nadu Pollution Control Board/ District Coastal Zone Management Authority, C7 and C9, SIPCOT Industrial Complex, Meelavittran, Thoothukudi - 628 008.

14. The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Temple, Hindu Religious and Charitable Endowments Department, Tiruchendur 628 215.

15. The Executive Engineer, Fishing Harbour Project Division, Department of Fisheries and Fishermen Welfare Department, Beach Road, Thoothukudi - 628 001.

16. The Executive Engineer, Water Resource Department, Anti Sea Erosion Division, Distillery Road, Nagercoil 629 001.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified 3/10

Mandamus, calling for the records in respect of the Impugned Order of the 4th Respondent made in G.O.(MS)No.215 Tourism, Culture and Religious Endowments (Ah.Nee 5.1) Department 26.06.2025 and quash the same as illegal, and against provisions of Sections 36, 36-A, 36-B, and 66 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently direct the 3rd and 9th Respondents not to construct Groynes, Arch Bait, Offshore Breakwaters and other Hard Structures in the Bay of Bengal and Indian Ocean without Coastal Regulation Zone Clearance (CRZ Clearance) under the Coastal Regulation Zone Notification 2011 and other Statutory Clearance as requested in the Petition dated 25.01.2025 and 13.03.2026 of the Petitioner.

For Petitioner : Mr.S.Sankar For R1 & R6 : Mr.C.Amizhthan Central Government Standing Counsel For R2 to R4, R7 to R13 R15 & R16 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.N.Dilip Kumar, Standing Counsel For R14 : Mr.A.K.Sriram, Senior Counsel for M/s.Muthugeethayan

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Certiorarified Mandamus, calling for the records in respect of the 4/10

Impugned Order of the 4th Respondent made in G.O.(MS)No.215 Tourism, Culture and Religious Endowments (Ah.Nee 5.1) Department 26.06.2025 and quash the same as illegal, and against provisions of Sections 36, 36-A, 36-B, and 66 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently direct the 3rd and 9th Respondents not to construct Groynes, Arch Bait, Offshore Breakwaters and other Hard Structures in the Bay of Bengal and Indian Ocean without Coastal Regulation Zone Clearance (CRZ Clearance) under the Coastal Regulation Zone Notification 2011 and other Statutory Clearance as requested in the Petition dated 25.01.2025 and 13.03.2026 of the Petitioner.

The main grievance of the petitioner is that without obtaining Coastal Regulation Zone Clearance, construction work of detached sub-merged Offshore Breakwaters and Groynes, is started. Learned counsel for the petitioner would also submit that soil erosion has occurred in some places of Thiruchendur Seashore and the same has to be arrested immediately.

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Learned Senior Counsel for the 14th respondent would submit that already they applied for Coastal Regulation Zone Clearance through PARIVESH web portal and the District Collector, Thoothukudi District and District Environmental Engineer, TNPCB, Thoothukudi, have also recommended the proposal to the Tamil Nadu State Coastal Zone Management Authority for consideration of CRZ clearance. He would further submit that only after obtaining CRZ clearance from the 2nd respondent, the construction work will be carried out. 4.

The above submission is recorded. Considering the fact that the soil erosion occurred in Tiruchendur sea shore has to be arrested immediately, we are of the view that permanent construction of detached sub-merged Offshore Breakwaters and Groynes be carried out after obtaining necessary CRZ clearance from the 2nd respondent. Though it is stated that temple fund has been used, as per Section 35 of the HR & CE Act, temple fund can be utilised for the safety of the pilgrims and worshippers.

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The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] 09.04.2026 Index : Yes / No : Yes / No bala To

1. The Secretary, Ministry of Environment Forest and Climate Change, Government of India, Indira Prayavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

2. The Additional Chief Secretary, Environment, Climate Change and Forests Department, St. George Fort, Chennal - 600 009.

3. The Additional Chief Secretary, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, St. George Fort, Chennai 600 009.

4. The Additional Chief Secretary, Tourism Culture and Religious Endowments Department, 7/10

St. George Fort, Chennai 600 009.

5. The Member Secretary, State Environment Impact Assessment Authority, No.327, 9th Floor, CMRL Metros, Anna Salai, Nandanam, Chennai 600 035.

6. The Director, National Centre for Coastal Research (NCCR), Ministry of Earth Sciences, Velacherry-Tambaram Main Road, Government of India, NIOT Campus, Pallikaranai, Chennal - 600 100.

7. The Director, Department of Environment, No. 327, 9th Floor, CMRL Metros Anna Salai, Nandanam, Chennal 600 035.

8. The Member Secretary, Tamil Nadu State Coastal Zone Management Authority, No.327, 9th Floor, CMRL Metros, Anna Salai, Nandanam, Chennai 600 035.

9. The Director, The Commissioner of Fisheries and Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.

10. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119 Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

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12. The District Collector/Chairman, District Coastal Zone Management Authority, Thoothukudi District, Thoothukudi - 628 101.

14. The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Temple, Hindu Religious and Charitable Endowments Department, Tiruchendur 628 215.

15. The Executive Engineer, Fishing Harbour Project Division, Department of Fisheries and Fishermen Welfare Department, Beach Road, Thoothukudi - 628 001.

16. The Executive Engineer, Water Resource Department, Anti Sea Erosion Division, Distillery Road, Nagercoil 629 001.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

09.04.2026 10/10