C RATHINAVEL Vs. STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVT , FOREST AND FISHERIES DEPARTMENT; WILDLIFE WARDEN; RANGER AND; SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The writ petitioner claims to be a manufacturer of Lime Powder for white washing and other purposes. According to him, the coral reef are one of the raw materials for the said purpose. The coral reef were collected by the fishermen and in turn being sold to the petitioner. He also claims that the coral reef are a lifeless substance and he has also filed a writ petition before the Principal Bench being W.P. Nos. 14547 to 14552 of 2002 to forbear the respondents from interfering with the collection of coral reef in storage and used by the petitioner on the ground that the coral reef being treated as mineral. According to him, the writ petitions are still pending.

(2.) The petitioner also states that whenever he brings coral reef purchased from the fishermen, the second respondent, who is the Wildlife Warden, Gulf of Mannar Marine National Park is stopping the same and also threatening the petitioner with penal action. He also submits that the coral reef will not come under the Wild Life Protection Act.

(3.) The writ petition was admitted on 25.4.2005 and an interim order was granted on 25.04.2005. The second respondent has filed a detailed counter affidavit dated 30.11.2005. He has also filed an W.V.M.P. No. 626 of 2005 for vacating the interim injunction granted by this Court. When this matter came up, the main writ petition was directed to be posted and accordingly it is posted today for final disposal.