High CourtsSingle Bench(2011) 10 MAD CK 0229

Pannai Meen Urpathiyalargal Vivasaiyigal Nala Sangam vs The District Collector, The Tahsildar and The Assistant Director of Fisheries Development (Inland Fisheries), Erode

Madras High Court · Decided on 31 October 2011

HON’BLE JUDGES
N. Paul Vasanthakumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 24974 of 2011 and M.P. No. 1 of 2011

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Judgment

6 paragraphs · 280 words

N. Paul Vasanthakumar

1.

The prayer in the writ petition is to issue a writ of mandamus directing the respondents not to close down the petitioners Aquaculture ponds in Coimbatore District without issuing proper notice and conducting inspection and scientifically identify the fish varieties cultivated in the ponds situated in Coimbatore District.

2.

The very same petitioner filed W.P. No. 24212 of 2011 and the said writ petition was disposed of on 21.10.2011. In the said Writ Petition, the learned Additional Government Pleader got instructions from the Assistant Director of Fisheries, Inland Fisheries Erode, stating that the Government of India has banned rearing of African Cat fish and if the members of the petitioner association are rearing any African Cat fish, the respondents may be permitted to inspect and to take appropriate action and if the officials found, after making inspection, that any member of petitioner association is cultivating the banned African Cat fish liberty may be granted to take appropriate action.

3.

The grievance of the petitioner now is that the officials, without inspecting the tanks, are preventing the members of the petitioner association from doing fish cultivation.

4.

The earlier order passed is bound to be complied with by all concerned and if any official is violating the order passed by this Court dated 21.10.2011, it is open to the affected member of the petitioner association to initiate contempt proceedings against the concerned persons for disobedience of the earlier order dated 21.10.2011.

5.

In view of the order passed on 21.10.2011, no order is required to be passed in this writ petition and the Writ Petition is dismissed as unnecessary. No costs. Consequently, connected miscellaneous petition is closed.