Madras HC directs to close down all illegal aquaculture farms across TN
Justice SM Subramaniam also directed the State to initiate disciplinary proceedings against the officials, found to be dereliction of duty and negligence in executing the court's order. The competent authorities have to register a complaint in respect of all illegal aquaculture farms and prosecute the offenders, read the judgment.
Madras High Court (File)
CHENNAI: The Madras High Court (MHC) directed the Tamil Nadu government to take immediate action and close down all the illegal aquaculture farms running across the State, within six weeks.
Justice SM Subramaniam also directed the State to initiate disciplinary proceedings against the officials, found to be dereliction of duty and negligence in executing the court's order. The competent authorities have to register a complaint in respect of all illegal aquaculture farms and prosecute the offenders, read the judgment.
Petitioners Purusothaman and Ilayaraja moved the MHC seeking to direct the State to quash the notice issued by the assistant director of fisheries, Ponneri, to close down their prawn culture unit as illegal.
The petitioners contended that the Fisheries Department can regulate the aquaculture farms organized within the coastal regulations zone (CRZ), however in the present case the land belonging to them falls beyond CRZ, hence the notice passed is without jurisdiction.
Advocate R Shanmugam appeared for both the petitioners contended that as per the guidelines issued by the Coastal Aquaculture Authority (CAA), no act is enacted nor rules are framed for the purpose of regulating aquaculture farms across the State outside CRZ. Hence, the very action initiated against his clients under the provisions of the CAA Act, 2005 is untenable, said the counsel.
Additional Advocate General (AAG) P Kumaresan contended that the petitioners have not obtained any permission to develop the aquaculture farm and a complaint was also registered against them alleging that the aquaculture activities in the patta land belonging to the petitioners are damaging the agricultural activities in that locality.
Conversion of agricultural lands and other classified lands into aquaculture farms is prohibited under the CAA act, said the AAG and sought to dismiss the petition.
The AAG also submitted that out of 2709 aquaculture farms running in the State 134 farms are identified as illegal and actions are initiated pursuant to the directions issued by the National Green Tribunal, Southern Zone.
After the submission, the judge directed the State to take immediate action against the illegal aquaculture farms and dismissed the petition.
