Not experts to declare waterbody as sanctuary: Madurai bench of Madras HC

Declaration of a tank as a sanctuary requires certain procedures to be followed under statutes and rules in force, they pointed out.

A flock of Black Winged Stilt birds were seen near Samanatham Kanmoi [irrigation tank] near Puliyur in Madurai. File Photo | Express

MADURAI: The Madurai Bench of Madras High Court on Wednesday disposed of suo motu proceedings initiated to declare Samanatham tank in Thiruparankundram as a sanctuary, observing that it is not an expert body and cannot issue a positive direction substituting expert views and directives of the executives.

"No doubt bird migration activities are going on in the tank. But such decisions have to be taken by the government on the recommendations of the competent authorities and by getting expert reports from the concerned authorities," a bench comprising justices S M Subramaniam and A D Maria Clete noted.

Declaration of a tank as a sanctuary requires certain procedures to be followed under statutes and rules in force, they pointed out. The Wildlife Protection Act contemplates various conditions and circumstances warranting such a declaration in the public interest. The authorities may take note of the facts reiterated by the division bench concerned while initiating suo motu proceedings and if necessary, take action, the judges added.

The court had initiated the proceedings in February by taking suo motu cognizance of various appeals made to protect the water body. It also took note of a news report published by TNIE on August 25, 2024, about a similar recommendation made by the Madurai Nature Cultural Foundation, which had visited the water body and found about 300 rare species of birds.

At present, the tank is easily accessible to the public and is therefore vulnerable to poaching and loss of natural habitat, the court noted. Recalling that a PIL petition filed by R Manibharathi seeking the same relief was closed given the submissions made by the state that proposals have been forwarded to the government, the court had initiated the suo moto proceedings.