The Hindu Business Line : HC: Collection of coral reef from sea for commercial purpose not permissible under law

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HC: Collection of coral reef from sea for commercial purpose not permissible under law

Our Legal Correspondent

Chennai, Dec. 19 Collection of coral reef from the sea for commercial use was not permissible under the Wild Life (Protection) Act, 1972, the Madurai Bench of the Madras High Court has held.

The law prohibited such collection as Section 2(2) read with Section 39(b) would clearly show that even the skeleton of the animal would be an animal article, which was only described as coral.

Dimissing a writ petition from Mr C. Rathinavel, who claimed to be a manufacturer of lime powder for white washing and other purposes, praying for direction that since coral reef was a lifeless substance, the TN Fisheries Dept and Wildlife Warden, Ramanathapuram, should not interfere with collection of coral reef and used by petitioner, Mr. Justice K. Chandru ruled that the State had taken up the matter on appeal to the Supreme Court in a civil petition in 2005 and the apex court had also by order dated 12-8-2005 granted stay of operation of a judgment of the Division Bench of the High Court.

The Division Bench held, inter alia, that the authorities had no right to interfere with the activities of the petitioner as they did not violate the provisions of the Act.

According to the Wildlife Warden, R-2, protection of coral reefs provided livelihood to millions of poor fisher folk. Hence, employment opportunity provided in lime industry was very negligible as compared to the interest of the fishermen. Notifications dated 11-7-2001 and 5-12-2001 issued by Central Government provided for overall betterment of marine ecosystem, and same would provide more fish production. Hence, petitioner was prevented from destroying such habitat as per Section 29 of the Act.

The judge ruled that in the light of stay granted by apex court and in view of provisions of the Act, no case was made out by the petitioner. Hence, the petition was dismissed.

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