G RAJAVELU Vs. DISTRICT FOREST OFFICER NAGAPATTINAM

JUDGEMENT

(1.) BRIEF facts leading to the writ petition are as follows:

(2.) IT is further submitted that petitioner's land is situated adjoining to these canals and there is no forest land between his land and the canal. All along, the petitioner was drawing water from these canals to his lands and there was no objection from the Forest Officials. In order to regularise the aqua culture activities, the Ministry of Agriculture decided to issue licence to the aqua cultural farms and therefore, the petitioner has made an application to the Ministry of Agriculture for grant of licence. On receipt of the application, petitioner's farm was inspected and by proceedings dated 15.9.2003, the Ministry of Agriculture issued licence in Form 11 for the period of 3 years. While the matter stood thus, all of a sudden, the Forest Officials issued notice to the owners of the Shrimp Farm, directing them not to draw water from the sea. Aggrieved by the order of the respondents, the petitioner has preferred the present Writ Petition.

(3.) WHILE admitting this Writ Petition, this Court by order dated 6.3.2004, granted interim injunction restraining the respondents from interfering with petitioner's drawal of sea water through PVC pipes from the canal.