M INDIRA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AS per the information sheet on Ramsar Wetlands (RIS) issued by the Chennai Circle of the Forest Department, Government of Tamil Nadu, Pallikaranai Marsh is one amongst the few last remaining natural wetlands of South India. It is situated about 20 Kms south of Chennai city. Formerly, it was in Kancheepuram District and now, it forms part of Chennai metropolis.

(2.) THIRTY years ago, Pallikaranai Marsh measured more than 5000 hectares and now majority of swamp land is lost, due to the occupation by the Habitats, IT Parks, Roads, Highways, Multi-National Companies, Institutions, MRTS Hospital etc. as per the information sheet, referred to above. In order to protect the remaining marsh land, the Government of Tamil Nadu issued an order in G.O.Ms.No.52, Environment and Forest Department, dated 09.04.2007, to constitute 317 hectares of swamp land in Pallikaranai, as Reserved Forest, under the provisions of the Tamil Nadu Forest Act, 1882 (shortly "the Act") and the same was notified in the Tamil Nadu Government Gazette dated 18.04.2007. In all these writ petitions, the petitioners seek to challenge, in one way or the other, the aforesaid action of the Government, in constituting Reserved Forest.

(3.) THE petitioners in W.P.No.17233 of 2009 have produced a few (i)Family Cards issued by the Tamil Nadu Civil Supplies and Consumer Protection Department, (ii) Current Consumption Charges Cards issued by the Tamil Nadu Electricity Board and (iii) receipts for having paid property tax to Pallikaranai Town Panchayat, in support of their case. Notices dated nil issued under Section 5 of the Tamil Nadu Act, 1905, by the Revenue Inspector, Pallikaranai, to two of the petitioners are also enclosed in the typed-set. A representation dated 10.08.2009 made to the District Collector, Kancheepuram by Mahalakshmi Nagar Residents Welfare Association is also enclosed in the typed-set.