Madras High Court
M/S.South Ganga Waters Technologies ... vs The Vice-Chairman & Chief Executive ... on 24 September, 2020
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P.(MD)No.10008 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.10008 of 2020
M/s.South Ganga Waters Technologies (P) Ltd.,
Represented by Manager,
M.Subramanian
S/o S.Marimuthu
No.15, B-3, Sea Shore Road,
Panaikulam,
Ramanathapuram District,
Pin Code-623 522. ... Petitioner
Vs.
1.The Vice-Chairman & Chief Executive Officer (FAC),
Tamil Nadu Maritime Board,
No.171, South Kesavaperumal Puram,
Off Greenways Road,
Raja Annamalaipuram,
Chennai-600 029.
Email: tnmb @ tn.gov.in, [email protected]
2.The State Port Officer,
Tamil Nadu Maritime Board,
No.171, South Kesavaperumal Puram,
Off Greenways Road,
Raja Annamalaipuram,
Chennai-600 028.
Email: tnmb @ tn.gov.in, [email protected]
3.The Port Officer,
Rameswaram Port,
Office of the Tamil Nadu Maritime Board,
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W.P.(MD)No.10008 of 2020
Port Office,
Rameswaram,
Ramanathapuram District.
Pin-623 526. Email: [email protected]
4.The Member Secretary,
Tamil nadu Coastal Regulation Zone Management Authority
and The Director,
Department of Environment,
No.1, Jeenis Road,
Panagal Building,
Ground Floor, Saidapet,
Chennai-600 015.
5.The Chairman,
Tamil Nadu Pollution Control Board,
76, Mount Salai,
Guindy, Chennai-600 032.
6.The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
1/880, Sait Ibrahim Nagar 1st Street,
Bharathi Nagar South,
Ramanathapuram-623 504.
Email ID:[email protected]
7.The District Collector,
Ramanathapuram District,
Ramanathapuram-623 503
Email: collrrmd @ nic.in
8.The District Revenue Officer (DRO),
Ramanathapuram District,
Ramanathapuram-623 503
Email: dro.tnrmd @ nic.in
9.The Revenue Divisional Officer (RDO),
Revenue Divisional Office,
Madurai-Rameswaram Road,
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W.P.(MD)No.10008 of 2020
Ramanathapuram-623 501.
Email: [email protected], [email protected], [email protected],
[email protected]
10.The Thasildar,
Ramanathapuram Taluk Office,
Madurai-Rameswaram Road,
Ramanathapuram-623 501.
Email:[email protected],
[email protected]
Mobile No.9445000653
11.The Village Administrative Officer,
Alagankulam Group Panaikulam Village,
Ramanathapuram Taluk,
Ramanathapuram District.
Pin code-623 522.
Mobile:9791498843
12.The Project Director,
District Rural Development Agency (DRDA)
District Collector Office,
Ramanathapuram-623 501.
Email: [email protected], [email protected], [email protected],
[email protected]
13.The Commissioner/Block Development Officer,
Mandapam Panchayat Union,
Uchipuli, Ramanathapuram District.
Pin-623 534
Email: [email protected]
14.The President,
Panaikulam Panchayat,
Ramanathapuram Taluk,
Ramanathapuram District.
Pin-623 522.
Email: [email protected]
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W.P.(MD)No.10008 of 2020
15.The Superintendent of Police (SP),
District Police Office,
Ramanathapuram District,
Collectorate Complex,
Ramanathapuram-623 503.
Email: [email protected], [email protected]
16.The Deputy Superintendent of Police (DSP),
Ramanathapuram,
DSP Office-Sub Division,
Near B1-Police Station,
Madurai-Rameswaram Main Road,
Ramanathapuram-623 501.
Email: [email protected]
17.The Inspector of Police,
Police Station,
Devipattinam,
Ramanathapuram District-623 514.
Email: [email protected]
18.S.Syed Aswardeen
19.A.Sahabudeen
20.S.Bahavudeen
21.A.Jainul Aslam
22.S.Syed Asakari
23.R.M.Bousika Banu
24.M.Nazeer Ali
25.Sahul Hameed Riyas
26.Kareem Gani ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to 3
(Tamil Nadu Maritime Board) and 7th to 11th respondents (Revenue
Department) to remove the encroachment of 18th to 26th respondents (law
violators) on the petitioner's licensed coastal land and direct the
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W.P.(MD)No.10008 of 2020
respondents 4 to 6 (Environment Department and Tamil Nadu Pollution
Control Board) and 12th to 14th respondents (Rural Development
Department) to remove and stop the illegal development of 18th to 26th
respondents in Survey No.24/1B which comes under CRZ-III and IV IB
Zone as Hazard Zone No Development Zone of coastal land comes under
coastal zone management plan in Sheet No.C44 M 15/NE in Map No.TN
48 of 4th respondent Tamil Nadu Coastal Zone Management Authority
and direct 15th to 17th respondents (Police Department) to take further
action in FIR No.32 of 2018 dated 10.03.2018 of Devipattinam Police
Station and direct the 7th respondent (The District Collector) and 15th
respondent (The District Superintendent of Police) to prohibit the
unlawful activities of 18th to 26th respondents against the petitioner's
desalination plant.
[Prayer amended vide order dated 01.09.2020 in W.M.P.(MD)No.9426 of
2020 in W.P.(MD)No.10008 of 2020]
For Petitioner : Mr.P.S.Baghath Singh
For R1 to R3 : Mr.Sricharan Rangarajan
Additional Advocate General
assisted by Mr.C.Ramesh
Additional Government Pleader
For R5 to R17 : Mr.M.Rajarajan
Additional Government Pleader
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W.P.(MD)No.10008 of 2020
ORDER
Heard Mr.P.S.Baghath Singh, learned counsel appearing for the writ petitioner, Mr.Sricharan Rangarajan, learned Additional Advocate General assisted by Mr.C.Ramesh, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents 5 to 17.
2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
3.The case of the writ petitioner is that the petitioner is running a sea water desalination plant at Panaikulam Village in Ramanathapuram District. The petitioner had obtained license from the Tamil Nadu Maritime Board and has established his pipelines. The allegation of the petitioner is that the local villagers, some of whom have been impleaded as private respondents are interfering with the petitioner's rights as a licensee.
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4.He has therefore, filed the present writ petition for directing the authorities to take action.
5.The learned Additional Advocate General appearing for the Tamil Nadu Maritime Board submitted that as per their assessment, there is no encroachment. If the petitioner is facing any interference at the hands of the private parties, the petitioner has to file an injunction suit against those persons. He also would state that as of now, there is appears to be no threat to the pipelines established by the petitioner herein.
6.I sustain the said contention of the learned Additional Advocate General, that the petitioner cannot seek any relief against the private respondents in writ proceedings. However, there is some substance in the contention made by the petitioner's counsel that the police authorities cannot be sitting over the First Information Report in Crime No.32 of 2018 registered on the file of the Devipattinam Police Station.
7.Therefore, I direct the 17th respondent to expedite the investigation in the said First Information Report. The 17th respondent http://www.judis.nic.in7/12 W.P.(MD)No.10008 of 2020 will file a final report within a period of three months from the date of receipt of copy of this order. The 16th respondent/The Deputy Superintendent of Police, Ramanathapuram, is directed to monitor the investigation.
8.With this direction, the writ petition is disposed of. No costs.
24.09.2020 Index : Yes / No Internet : Yes/ No sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Vice-Chairman & Chief Executive Officer (FAC), Tamil Nadu Maritime Board, No.171, South Kesavaperumal Puram, Off Greenways Road, Raja Annamalaipuram, Chennai-600 029.
Email: tnmb @ tn.gov.in, [email protected] http://www.judis.nic.in8/12 W.P.(MD)No.10008 of 2020
2.The State Port Officer, Tamil Nadu Maritime Board, No.171, South Kesavaperumal Puram, Off Greenways Road, Raja Annamalaipuram, Chennai-600 028.
Email: tnmb @ tn.gov.in, [email protected]
3.The Port Officer, Rameswaram Port, Office of the Tamil Nadu Maritime Board, Port Office, Rameswaram, Ramanathapuram District.
Pin-623 526. Email: [email protected]
4.The Member Secretary, Tamil nadu Coastal Regulation Zone Management Authority and The Director, Department of Environment, No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai-600 015.
5.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai-600 032.
6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 1/880, Sait Ibrahim Nagar 1st Street, Bharathi Nagar South, Ramanathapuram-623 504.
Email ID:[email protected]
7.The District Collector, Ramanathapuram District, Ramanathapuram-623 503 http://www.judis.nic.in9/12 W.P.(MD)No.10008 of 2020 Email: collrrmd @ nic.in
8.The District Revenue Officer (DRO), Ramanathapuram District, Ramanathapuram-623 503 Email: dro.tnrmd @ nic.in
9.The Revenue Divisional Officer (RDO), Revenue Divisional Office, Madurai-Rameswaram Road, Ramanathapuram-623 501.
Email: [email protected], [email protected], [email protected], [email protected]
10.The Thasildar, Ramanathapuram Taluk Office, Madurai-Rameswaram Road, Ramanathapuram-623 501.
Email:[email protected], [email protected] Mobile No.9445000653
11.The Village Administrative Officer, Alagankulam Group Panaikulam Village, Ramanathapuram Taluk, Ramanathapuram District.
Pin code-623 522.
Mobile:9791498843
12.The Project Director, District Rural Development Agency (DRDA) District Collector Office, Ramanathapuram-623 501.
Email: [email protected], [email protected], [email protected], [email protected]
13.The Commissioner/Block Development Officer, Mandapam Panchayat Union, Uchipuli, Ramanathapuram District.
http://www.judis.nic.in10/12 W.P.(MD)No.10008 of 2020 Pin-623 534 Email: [email protected]
14.The President, Panaikulam Panchayat, Ramanathapuram Taluk, Ramanathapuram District.
Pin-623 522.
Email: [email protected]
15.The Superintendent of Police (SP), District Police Office, Ramanathapuram District, Collectorate Complex, Ramanathapuram-623 503.
Email: [email protected], [email protected]
16.The Deputy Superintendent of Police (DSP), Ramanathapuram, DSP Office-Sub Division, Near B1-Police Station, Madurai-Rameswaram Main Road, Ramanathapuram-623 501.
Email: [email protected]
17.The Inspector of Police, Police Station, Devipattinam, Ramanathapuram District-623 514. Email: [email protected] http://www.judis.nic.in11/12 W.P.(MD)No.10008 of 2020 G.R.SWAMINATHAN,J.
sji W.P.(MD)No.10008 of 2020 24.09.2020 http://www.judis.nic.in12/12