Single judge disposed of three writ petitions challenging orders regarding fresh water prawn farming. The court noted new guidelines were framed and directed petitioners to apply under those guidelines with interim protection extended.
Petitioners directed to apply under the new guidelines within two weeks; interim protection extended for 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:MHC:6458
W.P.No.7271 of 2021, 23489 & 23710 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos. 7271 of 2021, 23489 & 23710 of 2023 and
W.M.P.Nos. 7773 & 7774 of 2021, 15309 of 2022, 23005 & 23223 of 2023
W.P.No.7271 of 2021
J.Sivagnanam
.. Petitioner
vs
Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai - 600 009.
1/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
6.M/s.Central Institute of Brackish Water Aquaculture, Rep. by its Director, Indian Council of Agricultural Research, Government of India, No.75, Santhome High Road, MRC Nagar, Chennai - 600 028.
7.The Deputy Director, Marine Products Export Development Authority, Ministry of Commerce & Industry, Government of India, No.1, Cooks Road, Nagapattinam, Mayiladuthurai Taluk.
8.Union of India by its Secretary, Ministry of Agriculture, Department of Animal Husbandry, Dairying & Fisheries, Krishi Bhavan, New Delhi - 110 001. .. Respondents W.P.No.23489 of 2023 Latha .. Petitioner vs
1.The District Collector, Cuddalore District, Cuddalore. 2.The Assistant Director, Fisheries and Fishermen Welfare Department, Parangipettai, Cuddalore. 3.B.Rajkumar .. Respondents W.P.No.23710 of 2023 S.Rvichandran .. Petitioner vs
1.The State by its Secretary, Government of Tamilnadu,
2/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai - 600 009.
Prayer in W.P.No.7271 of 2021 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of 3rd respondent in connection with the 3rd respondent's order in Na.Ka.No.704/m3/2020 dated 16.10.2020 and to quash the same consequently direct the respondents to frame guidelines and rules pertaining to the Fresh Water Prawn Farming.
Prayer in W.P.No.23489 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of 2nd respondent in connection with the 2nd
3/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
respondent's notice in Na.Ka.No.1021/E/2021-1 dated 22.07.2023 and to quash the same.
Prayer in W.P.No.23710 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 3rd respondent in connection with the 3rd respondent's notification in Na.Ka.No.3258/,/2022-1 dated 03.07.2023 and to quash the same, consequently direct the respondents to frame guidelines and rules pertaining to the Fresh Water Prawn Farming.
For Petitioner : Mr.R.Sreenivas, Senior Counsel for Mr.G.Vijayakumar (in W.P.Nos.7271/21 & 23710/23 ) for Ms.Mythili Srinivas (in W.P.No.23489/23) For Respondents : Mr.G.Nanmaran, Special Government Pleader for R1 to R5 (in WP No.7271/21) (in W.P.No.23710/23) No appearance for R6 to R8 (in WP No.7271/21) Mr.G.Nanmaran Special Government Pleader for R1, R2 No appearance for R3 (in W.P.No.23489/23) Ms.Girija for Mr.S.N.Parthasarathi for R6 (in W.P.No.23710/23)
4/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
COMMON ORDER
The petitioner in W.P.No.7271 of 2021 claims to be engaged
in the business of Fresh water Prawn farming ('Farm', in short) at Thiruvallur District, Ponneri Taluk, Kattur Village. He was in receipt of notice dated 16.10.2020 calling upon him to show-cause why action not be taken for running of the farm, in violation or the Rules then prevalent. The petitioner, admittedly, has not responded to the notices.
'culturing under controlled conditions in ponds, pens, enclosures or otherwise, in coastal areas, of shrimp, prawn, fish or any other aquatic life in saline or brackish water; but does not include fresh water aquaculture. '
prawn farming that excluded fresh water aquaculture from the https://www.mhc.tn.gov.in/judis 5/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
rigour of the Act and the application of the Rules. Thus, interim stay came to be granted on the date of admission i.e., 19.03.2021, until further orders.
6/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
to whether the petitioner's application for continuance of the activity
of fresh water prawn farming is liable to be accepted.
application within the time frame as aforesaid, the appropriate authority / official respondents are at liberty to proceed further and take necessary action to curtail the unregulated activity in a manner known to law.
order. No costs. Connected miscellaneous petitions are closed.
19.02.2024
Index:Yes/No Neutral Citation:Yes ssm
To
3rd Floor, Integrated office complex for
7/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
Animal Husbandry and Fisheries Building, Nandanam, Chennai - 600 035.
M/s.Central Institute of Brackish Water Aquaculture, Indian Council of Agricultural Research, Government of India, No.75, Santhome High Road, MRC Nagar, Chennai - 600 028.
8.The Deputy Director, Marine Products Export Development Authority, Ministry of Commerce & Industry, Government of India, No.1, Cooks Road, Nagapattinam, Mayiladuthurai Taluk.
Fisheries and Fishermen Welfare Department, Parangipettai,
Cuddalore.
8/9
W.P.No.7271 of 2021, 23489 & 23710 of 2023
DR. ANITA SUMANTH,J.
ssm
W.P.Nos. 7271 of 2021, 23489 & 23710 of 2023
19.02.2024
9/9
J.Sivagnanam
Latha
S.Rvichandran
The State by its Secretary, Government of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department
Commissioner of Fisheries, Government of Tamilnadu
Union of India
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
