Madras High Court
D.Kumaravel vs The Coastal Aqua Culture Authority on 24 June, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2016 CORAM : The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.21729 to 21735 of 2016 D.Kumaravel .. Petitioner in W.P.21729/2016 Pulikesi .. Petitioner in W.P.21730/2016 Vinayagamurthy .. Petitioner in W.P.21731/2016 Udhayakumar .. Petitioner in W.P.21732/2016 Sankar .. Petitioner in W.P.21733/2016 Ramalingam .. Petitioner in W.P.21734/2016 Ravichandran .. Petitioner in W.P.21735/2016 -vs- 1.The Coastal Aqua Culture Authority, Shastri Bhavan, IInd Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai-600 006. 2.The District Collector Villupuram District 3.The Tahsildar Office of the Tahsildar Marakkanam, Villupuram District. .. Respondents in all WPs. Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the District Collector, Villupuram District, the 2nd respondent herein culminating in file No.1155/B/2015 dated 13.06.2016, quash the same and further direct the 2nd respondent not to take any coercive steps in evicting the petitioners from their respective Shrimp Farms in Survey Nos.668/2, 667/1, an extent of 1.90.5 ha. in Nadukuppam Village, Marakkanam Taluk, Villupuram District; in Survey Nos. 40/6-10 an extent of 0.68.5 ha. in Anumanthai Village, Marakkanam Taluk, Villupuram District; in Survey No.650/2 an extent of 0.89.0 ha. in Nadukuppam Village, Marakkanam Taluk, Villupuram District; in Survey No.25/1-8 an extent of 0.58.0 ha. in Anumanthai Village, Marakkanam Taluk, Villupuram District; in Survey Nos. 648/2 646/3 to 7, 643, 640/12 and 639/2 an extent of 3.86.5 ha. in Nadukuppam Village, Marakkanam Taluk, Villupuram District; in Survey Nos. 37/1-2 40/5A 5B 42/1.3 an extent of 1.26.5 ha. in Anumanthai Village, Marakkanam Taluk, Villupuram District; and Survey Nos. 608/3 to 7, 610/1, 612/1, 611/1, 610/2, 609 an extent of 7.38.0 ha. in Chettikuppam Village Marakkanam Taluk Villupuram District. For Petitioners : Mr.K.Balakrishnan For Respondents : Mr.Su.Srinivasan Asst. Solicitor Genl., for R-1 : Mr.S.T.S.Murthi, Govt. Pleader, asst. by Mr.V.Shanmugasundar, G.A., for RR 2 and 3 * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The authorities have really acted in pursuance to the order of the National Green Tribunal, Chennai Bench and thus, the petitioners should have approached the said Bench instead of approaching this Court under Article 226 of the Constitution of India in respect of the grievance of an order being passed behind their back. In any case, in substance, what is sought to be assailed here really cannot be the order of the District Collector, who only implemented the order of the National Green Tribunal. The grievance is against the order of the NGT dated 13.06.2016.
2.In view of the Judgment of this Court in W.P.No.34199 of 2015 dated 30.06.2015 (P.S.Jayachandran and another vs. Member Secretary, TNPCB, Chennai and others), the order of the National Green Tribunal cannot be assailed before us.
3.The writ petition is thus dismissed with liberty either to approach the National Green Tribunal with the grievance or in case the petitioners seek to assail that order, to do so before the Honourable Supreme Court.
4.The writ petitions accordingly stand dismissed with the aforesaid liberty. No costs. Consequently connected miscellaneous petitions are closed.
(S.K.K., CJ.) (R.M.D., J.) 24.06.2016 Index : Yes/No Website : Yes/No Note: Issue order copy today itself.
sra The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) To
1.The Coastal Aqua Culture Authority, Shastri Bhavan, IInd Floor, Shastri Bhavan Annexure, 26, Haddows Road, Chennai-600 006.
2.The District Collector Villupuram District
3.The Tahsildar Office of the Tahsildar Marakkanam, Villupuram District.
W.P.Nos.21729 to 21735 of 2016 24.06.2016