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2018 Supreme(Mad) 4428

M.M.SUNDRESH, KRISHNAN RAMASAMY
R. Gunasekar – Appellant
Versus
Government of India, Rep. by its Secretary to Government, Ministry of Environment of Forest & Climate Change, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:G. Rajan, Advocate.
For the Respondents: S.V. Vijayaprasanth, Addl. Govt. Pleader, V. Kathirvelu, Spl. Govt. Pleader.

JUDGMENT :

Krishnan Ramasamy, J.

1. This Writ Petition has been filed, challenging the order of fourth respondent, dated 20.09.2017, in and by which, the petitioner has been restrained from setting up of shrimp farm.

2. The case of the petitioner is as follows :

He is the owner of the land to an extent of 3 acres and 52.5 cents, bearing Patta No.2444 at Nadukuppam Village, Marakanam, Tindivanam Taluk, Villupuram District. Out of the said land, he has set up a shrimp farm, for which, he has obtained a certificate of registration in Form 2 from the Coastal Aquaculture Authority on 06.09.2017. Therefore, as per the certificate of registration, he is entitled to set up shrimp farm in 1 acre 39 cents and, out of the said 1 acre 39 cents, the authority has granted permission for water spread area to one acre of land. In spite of the same, fourth respondent issued the notice, dated 20.09.2017, restraining the petitioner from taking water and discharging the same in the adjacent Kazhuveli land, and also warning the petitioner that if he violates the said condition, he is liable to be prosecuted. Challenging the said order, the petitioner, earlier, filed an application before the Green Tribunal

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