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2022 Supreme(Online)(MAD) 42859

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.30292 of 2022 K.Saravanan .. Petitioner v.

1. The State of Tamil Nadu rep.by its Principal Secretary to the Government Department of Environment Fort St.George, Chennai

2. The Tamil Nadu Coastal Zone Management Authority rep.by its Member Secretary Panagal Building, Saidapet Chennai-15

3. The State of Tamil Nadu rep.by its Secretary Department of Fisheries Fort St.George, Chennai .. Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to forthwith publish the Coastal Zone Management Plans (CZMPs) and land use plans prepared under the Coastal Zone Regulation Notification 2019 in Tamil, provide wide publicity to the publication of the Plans in Tamil through print and electronic media and through the 3rd respondent, make printed copies of the plans including maps in Tamil and English available for inspection at offices of the 3rd respondent and call for objections following the procedure specified under the Coastal Zone Regulation Notification, 2019.

For Petitioner :: Mr.A.Yogeshwaran For Respondents :: Mr.R.Shunmugasundaram Advocate General assisted by Dr.T.Seenivasan Special Government Pleader & A.G.Shakeena for R1 to R3 ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice)

Mr.K.Saravanan, Son of Mr.Kasinathan, a resident of Urur Kuppam, Besant Nagar, Chennai has filed this writ petition under Article 226 of the Constitution of India praying for issuance of a mandamus to the respondents to forthwith publish the Coastal Zone Management Plans (CZMPs) and land use plans prepared under the Coastal Regulation Zone Notification 2019 in Tamil, provide wide publicity to the publication of the Plans in Tamil through print and electronic media and through the 3rd respondent, make printed copies of the plans including maps in Tamil and English available for inspection at offices of the 3rd respondent and call for objections following the procedure specified under the Coastal Regulation Zone Notification, 2019.

2. Learned counsel appearing for the petitioner submitted that for the purpose of regulating the activities on the coast and also to protect and preserve the coastal environs, the Coastal Regulation Zone Notification, 1991 was issued on 19.02.1991 in S.O.114(E). This notification not only froze the developments in the regulated areas as on 19.02.1991, but also mandated that all future activities should be in strict compliance with the said notification. The learned counsel further submitted that the 1991 notification was superseded by the Coastal Regulation Zone Notification, 2011 in S.O.19(E) issued on 06.01.2011. Once again this 2011 notification was also replaced by the Coastal Regulation Zone Notification, 2019 in G.S.R.37(E) dated 18.01.2019, that would take effect when the Coastal Zone Management Plans are prepared and notified. When an area of 500 meters from the High tide line on the coast were covered under the notification, this coastal regulation zone area has been classified into CRZ IA-ecologically sensitive area, CRZ IB-Inter tidal area, CRZ II-areas already developed, CRZ III-undeveloped areas and 12 nautical miles from the Low tide line was classified as CRZ IVA and tidally influenced water bodies were classified as CRZ IVB. In order to implement the notification, the Coastal Zone Management Plans has included a written plan and detailed maps marking different CRZ areas, fishing villages, infrastructure etc., are also prepared. The grievance of the petitioner, it is pleaded, that the Coastal Zone Management Plan (CZMP) shall demarcate the fishermen settlements, community infrastructure, fish drying yards, boat parking yards, cyclone shelters, evacuation routes etc., apart from ecologically sensitive areas like turtle nesting grounds, sand dunes, salt ma

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