R.Manibharathi v. State Of Tamil Nadu, Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Manibharathi ... Petitioner -vs1.State of Tamil Nadu, represented by, The Additional Chief Secretary, Environment, Climate Change and Forests Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
2.State of Tamil Nadu, represented by, The Principal Secretary, Public Works Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
3.State of Tamil Nadu, represented by, The Principal Secretary, Revenue and Disaster Management Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
4.The Principal Chief Conservator of Forests, Office of the Principal Chief Conservator of Forests, Forest Headquarters building, Guindy - Velachery Main Road, Near Kannikapuram Checkpost, Guindy, Chennai - 600 032.
5.The District Collector, Office of the District Collector, Madurai District.
6.The District Forest Officer, Office of the District Forest Officer, Madurai Division, Race Course Road, Madurai - 625 002.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to declare 'Samanatham Tank, Madurai District' as a Bird Sanctuary under Section 26A(1) or Section 18(1) of the Wildlife (Protection) Act, 1972 or any other Protected Area in accordance with law within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani For Respondents : Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, to direct the respondents to declare 'Samanatham Tank, Madurai District' as a Bird Sanctuary under Section 26A(1) or Section 18(1) of the Wildlife (Protection) Act, 1972 or any other Protected Area in accordance with law within the time stipulated by this Court.'' 2.Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents would submit that after obtaining "No Objection Certificate" from
the Village Panchayat and the Water Resources Division of the Public Works Department, proposals have been forwarded to the Government for declaring the Samanatham Tank as a Bird Sanctuary.
3.Recording the statement made by the learned Government Pleader, this Writ Petition is closed with liberty to the petitioner to seek reopening if no further developments take place after a period of six [6] months. There shall be no order as to costs.
NCC : No [R.S.M., J.] & [L.V.G., J.] Index : No 21.10.2024 MR
To 1.The Additional Chief Secretary, Environment, Climate Change and Forests Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
2.The Principal Secretary, Public Works Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
3.The Principal Secretary, Revenue and Disaster Management Department, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
4.The Principal Chief Conservator of Forests, Office of the Principal Chief Conservator of Forests, Forest Headquarters building, Guindy - Velachery Main Road, Near Kannikapuram Checkpost, Guindy, Chennai - 600 032.
5.The District Collector, Office of the District Collector, Madurai District.
6.The District Forest Officer, Office of the District Forest Officer, Madurai Division, Race Course Road, Madurai - 625 002.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
MR 21.10.2024