BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, M.A.Nos.100 to 109 of 2016 in Application No.148 of 2015 M.A.Nos.100 to 109 of 2016

Applicant/s M.A.No.100/2016 A.Sankar, Kottakuppam M.A.No.101/2016 N Krishna Devan, Oorani M.A.No.102/2016 Ravivarman, Anumanthai M.A.No.103/2016 Manikandan, Anumanthai M.A.No.104 of 2016 Poyyamozhi, Anumanthai M.A.No.105 of 2016 Gunasekar, Nadukuppam M.A.No.106 of 2016 Ravichandran, Chettikuppam M.A.No.107 of 2016 Kumaravel M.A.No.108 of 2016 D. Rajendhiran, Annumanthai M.A.No.109 of 2016 Joshkutti, Puduvai

Counsel appearing for applicants Mr. V. Prabakaran, Senior Counsel for M/s.K. Balakrishnan, R. Vijaya B. Apama Balakrishnan

Application No.148 of 2015

Applicant(s) Respondent(s)

Tamil Annai Thamarabarani Welfare Vs. 1. Member Secretary Trust rep. by its Managing Trustee Coastal Aquaculture Authority of T.Balasubramanian Adityan Ministry of Agriculture 5/24, Main Road, Kayamozhi 12A, Bharathi Street, Vanuvampet Thiruchendur Taluk, Tuticorin District Madipakkam, Chennai

2. The District Collector, Villupuram.

3. The Sub-Collector,

4. The Tahsildar,

5. The Assistant Director of Fisheries, Villupuram

6. The District Forest Officer, Villupuram

7. Joint Director of Agriculture Villupuram

8. The District Environmental Engineer Tamilnadu Pollution Control Board Villupuram

9. The Block Development Officer Marakkanam

10. The Executive Officer, Marakkanan Town Panhayat

11. A.Sankar, Kottakuppam 12. N Krishna Devan, Oorani

13. Ravivarman, Anumanthai

14. Manikandan, Anumanthai

15. Poyyamozhi, Anumanthai

16. Gunasekar, Nadukuppam

17. Ravichandran, Chettikuppam

18. Kumaravel

19. D. Rajendhiran, Annumanthai

20. Joshkutti, Puduvai

Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)

Mr.V.Kuberan Mr.Vijay for R1 M/s.M.K.Subramanian & P.Velmani for R2 to R7 Mrs.Yasmeen Ali for R8

M/s.Abdul Saleem, S.Saravanan & Vidyalakshmi for R9 & R10

Orders of the Tribunal Date and Remarks 18th July, 2016 . We have heard Mr. Prabakaran, learned Senior Counsel

appearing for the applicants. He has also referred to various orders

of the High Court of Madras passed under the Land Encroachment

Act as well as Forest Act and there has been direction under those

Acts that before removing any person, even if he is an encroacher,

notice must be given. In respect of the ten applicants who were also

parties in those proceedings under the Land Encroachment Act,

without any notice, based on a direction given by this Tribunal that

illegal shrimp culture farms should be removed, order of removal has

been passed.

On the other hand, Mr.Gokul Krishnan, learned counsel

appearing for the respondents would submit that except in respect of

Mr. Ravivarman all other farms have been removed. This fact is

repudiated by the learned Senior Counsel.

In such view of the matter, we direct that in respect of the above

ten applicants, status quo as on today shall be maintained till the next

date of hearing.

Learned counsel appearing for the Coastal Aquaculture Authority

of India has submitted that taking advantage of the order of this

Tribunal dated 1.7.2016 wherein we have recorded the submission

made by the Tahsildar that 32 hatcheries are situated and also the

undertaking given by the learned counsel appearing for the

Government that steps will be taken to remove the hatcheries situated within the CRZ zone.

The learned counsel appearing for the Coastal Aquacuture

Authority of India constituted under the Coastal Aquaculture Authority

Act, 2005 has submitted that under the Act there has been a validation provision, which enables the Authority under the Act even to permit hatcheries situated in the CRZ Zone, subject to the satisfaction of the conditions stated in the Act. He has also submitted that the following hatcheries are situated in the said area

Sl. Name & address Location of Permit Valid

No. of the hatchery the hatchery No Upto

1 M/s.Vaisakhi Bio- Kaipeni 56-3(03)/2009 31.3.2020

Marine Pvt.Ltd kuppam

Akkyyapalem village,

Vishakapatnam Dt Marakkanam

Andhra Pradesh PO,

Tindivanam

Tk

Villupuram Dt

2 M/s.Oceanic Alapakkam 56-3(17)/2009 31.3.2020

Edibles Village

International Ltd. Mandavai PO

Egmore, Marakkanam

Chennai Via

3 M/s.Best India Chettinagar 56-3(23)/2009 31.3.2020

Marine Harvests Village

Mel Near

Ayanampakkam Marakkanam

Chennai

4 M/s.C.P.Aqua Chettikuppam 56-3(28)/2011 31.3.2020

culture (India) Village,

Pvt.Ltd Anumandhai

Nallur, Vijaya PO

Nallur Village Marakkanam

Sholavaram

Red Hills,Chennai

5 M/s.Empire Marine Keezhpettai 56-3(38)/2011 31.3.2020

Harvest, Anumandhai

Royapuram PO

Chennai Marakanam

6 Shri T. 24, Chetti 56-3(40)/2011 31.3.2020

Venkatraman Nagar,

M/s.Sona Shrimps Koonimedu

Hatcheries PO

Koonimedu PO Tindivanam

Marakkanam TK

7 M/s.Rank Marine Chettikuppam 56-3(42)/2011 31.3.2020

Hatchery Marakkanam

Kundupalayam

Thattanchavady

PO

Pondicherry-9

8 M/s.Jay Jay Aqua Panichamedu 56-3(55)/2011 31.3.2020

Tech Kuppam,

Vivekananda Anumanthai

Nagar, PO

Marakkanam

9 M/s.Venture Mandavai 56-3(77)/2012 31.3.2020

Shrimp Hatcherry Pudukuppam

Shenoy Nagar Village

Chennai Marakkanam

10 M/s.Golden Marine Chettikuppam 56-3(78)/2020 31.3.2020

Harvest Village

Chettikuppam Anumanthai

Village PO

Anumanthai

11 M/s.BMR Hybrid Anumanthai 56-3(79)/2020 31.3.2020

Scampi Kuppam

Hatcheries Village

Luz Tindivanam

Church Road Tk

Mylapore

Chennai

12 M/s.Hybrid EBI Anumanthai 56-3(80)/2020 31.3.2020

Hatcheries Pvt Kuppam

Ltd. Mylapore village

Chennai

13 Unit-II Shrimp Mandavai 56-3(95)/2020 31.3.2020

Hatchery Pudukuppam

M/s.Oceanic Marakanam

Edibles

International Ltd

Egmore,Chennai

14 Unit-III Shrimp Mandavai 56-3(96)/2020 31.3.2020

Hatchery Pudukkuppam

M/s.Oceanic Marakanam

Edibles

International Ltd

Egmore,Chennai

15 M/s.Indo Shrimps Chettikuppam 56- 31.3.2020

& Seed Ltd Village 3(101)/2012

Anna Nagar Villupuram Dt

Chennai

16 S.Uma Parvathy Chettikuppam 56- 31.3.2020

Proprietor Anumanthai 3(111)/2013

M/s.Hi-Q-Marine Marakkanam

Hatchery

Gundupalayam

Puducherry

17 M/s.Best Aqua Star Azahagan 56- 31.3.2020

Shrimp kuppam 3(143)/2014

Hatcheries Thazhankadu

Pondicherry Post

Villupuram Dt

18 M/s.KKP Aqua Mandavai 56- 31.3.2020

Hatcherie Puthukuppam 3(144)/2014

Mandavai Marakkanam

Puthukuppam

Marakkanam

19 M/s.Pavani Vasavan 56- 31.3.2020

Hatcheries kuppam 3(145)/2014

Chintadripet Marakanam

Chennai

20 M/s.Calypso] Ekkiyar 56- 31.3.2020

Aquatec Pvt.Ltd kupopam 3(173)/2014

Ekkiyarkuppam Village

Marakkanam Marakkanam

Villupuram

21 M/s.BMR Hybrid Thithavari Rd 56- 31.3.2020

Scampi Marakkanam 3(177)/2014

Hatcheries

Mylapore

Chennai

22 M/s.AR Shrimp Panichamedu 56- 31.3.2020

Hatchery Kuppam 3(180/2014

Panichamedu Anumandhai

Kuppam PO,

Anumandhai

23 K. Selvam Mudhaliar 56- 31.3.2020

M/s.Blue Shrimps Kuppam 3(199)/2015

Mudhaliar Keezh

Kuppam Pudhupattu

Keezh Pudhupattu Village

Tindivanam Tindivanam

Tk

24 M/s.Allwin Aqua Chettinagar 56- 31.3.2020

Tech Koonimedu 3(201)/2015

Chettinagar PO

Koonimedu Tindivanam

Tindivanam Tk

25 M/s.Jay Jay Aqua Chetty 56- 31.3.2020

Farms Nagar 3(225)/2015

Reddiarpalayam Koonimedu

Pondicherry Tindivanam

26 M/s.Sai Aqua Keelpettai 56- 31.3.2020

Hatchery Kuppam 3(232)/2015

Keelpettai kuppam Village

Marakkanam Tindivanam

Tk

27 M/s.Lotus Raaj Vasavan 56- 31.3.2020

Hatchery Kuppam 3(239)/2015

Palavakkam Village

Chennai Marakkanam

North

28 M/s.Tropical Keelpettai 56- 31.3.2020

Shrimp Village 3(260)/2016

Hatchery Marakkanam

West Mambalam Tk

Chennai

29 M/s.SM Hatcheries Atchikkadu 56- 31.3.2021

Old Washermenpet Village 3(269)/2016

Chennai Marakkanam

Tk

30 M/sEast Coast Keezhupettai 56- 31.3.2021

Hastcheries Village 3(279)/2016

Keezhpetttai Anumandhai

Anumandhai PO PO

Marakkanam Tk Marakkanam

and they have to obtain permission from the Authority and they have to register with the Authority and therefore, they are entitled to carry on the hatcheries, even if they are situated within the CRZ zone and the learned counsel undertakes to produce such orders passed with the conditions on the next date of hearing.

We make it clear that in respect of the above said 30 hatcheries also the authorities shall maintain status quo as on date, which means that those hatcheries shall not be disturbed till the next date of hearing

Applications in M.A.100 to 109 of 2016 stand ordered. The applicants therein are impleaded as party – respondents in the main application. The Registry to carry out amendment in the array of parties. The learned counsel appearing for the applicant shall file

fresh memo of parties.

Post the application on 1.8.2016.

…...... , JM (Justice Dr.P. Jyothimani)

…...... ,EM (Shri P.S. Rao)