M.RAJA Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) The petitioner is a resident of Madurai. He alleges that the petition-mentioned Tank in Chinnakuravakudi village, Usilampatti Taluk is being polluted on account of the illegal fish culturing. According to him, the tenth respondent is engaged in the said activity. He wants remedial action to be taken.

(2.) The said tank vests with the Water Resources Department. When the writ petition was taken up for hearing last week, the learned Additional Government Pleader, on instructions from Thiru.Radhakrishnan, Assistant Engineer, WRD, submitted that no such activity as alleged by the petitioner had taken place. However, the petitioner who appeared in person asserted that he can be levied with exemplary costs if his allegation is found to be false.

(3.) After noting the petitioner's demeanour and his forceful assertion, we wanted to know from Thiru.Radhakrishnan if he was willing to resile from his stand. Thiru.Radhakrishnan stood firm and reiterated that no fish culturing has taken place in the petition-mentioned tank. We felt something fishy (pun intended). We requested Thiru.K.K.Udayakumar, learned counsel who is practicing in the Madurai Bench to immediately rush to Chinnakuravakudi Village, conduct a field enquiry and report back. We also wanted him to collect water samples. Pursuant to our request, Thiru.K.K.Udhayakumar visited the village in question. His enquiry with the villagers revealed that the entire village had joined together and auctioned the fishery rights for the current season. The tenth respondent appeared to be the successful bidder. He collected two bottles of water from the said tank and handed them over to us in the next day.