Disposed

Mr.M.E.Raja, President, v. The Inspector General of

Madras HC3 Feb 2017WP/2662/2017

Case brief

AI extract

What is this about?

Petitioner sought writ directing coastal authorities to take action against foreign vessels for pollution. Court was informed of recent developments including FIR registration and pending National Green Tribunal filing. Court held no specific direction could be issued beyond observing on the issue.

What did the court decide?

Observation that State Government must look into the issue urgently; no further direction issued. Petition disposed of with no costs.

Mr.M.E.Raja, President, Vs The Inspector General of — Environment and Pollution | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.02.2017

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE M.SUNDAR

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W.P.No.2662 of 2017

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M.E.Raja, President
National Union of Fishermen
(Regd No.1512/1985)
No.26, A.J.Colony
2 nd Street, Royapuram
Chennai – 600 013. ... Petitioner
Vs.
1. The Inspector General of Coast Guard
The Indian Coast Guard
East Coast Guard Region
No.5, GM Pettai Road
Royapuram, Chennai-13.
2. The State of Tamil Nadu
Rep by Principal Secretary to Government
Environment and Forest Department
Fort St. George, Secretariat Chennai.
(Amended by the present order)
3. The Chairman
The Chennai Port Trust
No.1, Rajaji Salai
Chennai-01.
4. The Indian Ocean Shipping Pvt. Ltd.
Owner of the Vessel MT DAWN KANCHIPURAM
158, Nariman Point
Mumbai- 400 021, India.
5. Vessel MT BW MAPLE
Now lying within the Territorial
Waters of India
Off. Ennore Port, India. ... Respondents

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PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing respondents 1

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https://hcservices.ecourts.gov.in/hcservices/

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to 3 take action against the two ships, namely respondents 4 and 5, and to take steps for initiating the prosecution and to recover costs from the erring parties and protect the interests of Indian fishermen and to save the sea lives.

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For Petitioner : Mr.T.Nirmaleswar

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For Respondents

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: Mr.Su.Srinivasan

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Assistant Solicitor General for 1^st respondent

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Mr.M.K.Subramanian Government Pleader for 2^nd respondent

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Mr.M.Palanimuthu
for 3 rd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)

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At the request of the learned Government Pleader, the memo of parties be corrected to the extent that the second respondent should be reflected as the Principal Secretary, Environment and Forest Department of the State Government.

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The learned counsel for the petitioner points out that under the National Oil Spill Disaster Contingency Plan, the Indian Coast Guard is responsible for maintaining and implementing the contingency plan.

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On hearing learned counsel for parties, it transpires that the apprehension of the petitioner is that on a principle of “polluter pay”, if the Iranian Ship crosses the territorial waters, the Government may not be able to recover anything. This, of course, in no manner absolves the Government of the responsibility to take necessary steps to remove the pollutant, for which the National Green Tribunal, Chennai Bench, is already stated to have been approached.

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We are of the view that no direction can be issued in the matter, except to observe that the State Government may look into the issue urgently to take such steps as deemed proper in the given situation, especially keeping in mind that as per the petitioner there have been some recent developments in terms of registration of FIR and some action post filing of the petition.

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https://hcservices.ecourts.gov.in/hcservices/

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The petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.2618 of 2017 are closed.

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar
sasi
To:
1. The Inspector General of Coast Guard
The Indian Coast Guard
East Coast Guard Region
No.5, GM Pettai Road
Royapuram, Chennai-13.
2. The Principal Secretary to Government
State of Tamil Nadu
Environment and Forest Department
Fort St. George, Secretariat
Chennai.
+1cc to Mr.Su.Srinivasan, Advocate, S.R.No.6869
W.P.No.2662 of 2017
KJ(CO)
CA(15/02/2017)

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https://hcservices.ecourts.gov.in/hcservices/

Mr.M.E.Raja, President, v. The Inspector General of

Case brief

What is this about?

What did the court decide?

Mr.M.E.Raja, President, v. The Inspector General of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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