This court, hearing a writ petition seeking direction to prosecute vessels and demolish coastal boat yards, granted the Principal District Judge at Tuticorin an extension of four months to dispose of pending complaints appeals.
Grant of four months further time to the Principal District Judge, Tuticorin to dispose of CMA Nos.40 and 43 of 2017.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Special Original Jurisdiction)
Thursday, the Fourth day of July Two Thousand and Nineteen
CORAM :
The Hon'ble Mr.Justice M.SATHYANARAYANAN
AND
The Hon'ble Mr.Justice B.PUGALENDHI
WP(MD). No.4608 of 2018
SUSAI ANTHONY ... Petitioner
Vs
https://hcservices.ecourts.gov.in/hcservices/ 13 XAVIER BOAT YARD
... Respondents
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14 DOMI CORRERA BOAT YARD
Prayer in WP(MD).No.4608 of 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 13 to prosecute the deep sea and mechanized vessels for violating the time schedule fixed in annexure under section 5(3) of the Marine Fishing Regulation Act, 1983, G.O.MS.No.1(Animal Husbandry and fisheries Department)dated 05/01/2000 G.O.MS.No.40(Animal Husbandry and fisheries Department) dated 25/03/2000 under section 15 to 18 of the Act and also under section 435(g)(6) of the Merchant Shipping Act, 1958 as well as take action to demolish the polluting illegal constructions in the name of boat yards made in the seashore within the prohibited distance of 500 meters from the high tide mark.
ORDER:-
Writ Petition is coming on for hearing on this day and upon perusing the earlier order of this Court dated 25.10.2018 and the requisition letter submitted by the Principal District Judge, Thoothukudi, in D.No.2219, dated 26.04.2019 and upon appearing of Mr.Joseph Thatheus Jerome, Advocate for the Petitioner, Mr.K.Chellapandian, AAG Assisted by Mr. A.K.Baskarapandian, Special Government Pleader on behalf of the Respondents 1 to 8 and 11, Mr. M.V.Kathirvelu, Assistant Solicitor General for 9th Respondent, Assisted by Mr.K.Prabhu, Mr.K.Hema Karthikeyan for M/s.Gnanadesikan Law Associates, Advocate for the 10th Respondent and none appearance of the Respondents Nos.12 to 14, this Court made the following order:
(ORDER OF THE COURT WAS MADE BY M.SATHYANARAYANAN, J.)
A Division Bench of this Court, vide common order dated 25.10.2018 had disposed of W.P. Nos.22704/17 and 4608, 2584 and 790 of 2018. Insofar as W.P. No.4608/18 is concerned, this Court, taking into consideration the appeals preferred by the unauthorised encroachers on the coastal zone in CMA Nos.40 and 43/17 on the file of the Principal District Judge, Tuticorin, had directed the said Court to dispose of the appeals within a period of three months from the date of receipt of a copy of the order.
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Sd/-
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar(CS)
To
Copy to
The Section Officer, Writ Section,Madurai Bench of Madras High Court, Madurai.
WP(MD)No.4608 OF 2018 DATED: 04/07/2018
NS(CO) TR (26.07.2019) 3P 4C
2 issues framed by the court
Whether the Principal District Judge, Tuticorin should be granted an extension of time to dispose of connected complaints appeals.
Whether the Registry should communicate the order to the Principal District Judge, Ramnathapuram.
SUSAI ANTHONY
THE SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, FORT.ST.GEORGE CHENNAI
THE DIRECTOR OF FISHERIES, DMS BUILDING, TEYNAMPET, CHENNAI
THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT TIRUNELVELI
THE DISTRICT COLLECTOR, KANYAKUMARI @ NAGERCOIL KANYAKUMARI DISTRICT
M.SATHYANARAYANAN
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
