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Madras High CourtWP/30076/2013disposed of

V.Soundararajan, v. The Secretary To Government

2020-10-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.30076 of 2013 V.Soundararajan

...Petitioner

Vs.

1. The Secretary to the Government of Tamil Nadu, Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Principal Secretary To the Government of Tamil Nadu, Industries Department, Mines and Minerals Section, Secretariat, Fort St.George, Chennai - 600 009.

3. The Director General of Police, Chennai.

4. Directorate of Vigilance and Anti Corruption, Government of Tamil Nadu, Adyar, Chennai.

5. The District Collector, Tiruppur.

6. The Superintendent of Police, Tiruppur District.

7. The Deputy Superintendent of Police, Udumalpet.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to conduct a detailed departmental enquiry and take action against the concerned officials for their involvement in the loot of the natural resources and to protect the Amaravathi River basin. For Petitioner : Mr.M.Purushothaman For Respondents : Mr.S.Thangavel Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to conduct a detailed departmental enquiry and to take action against the concerned officials for their involvement in the loot of the natural resources and to protect the Amaravathi River basin. 2.The case of the petitioner is that he is a Member of the Taluk Committee. According to the petitioner, realizing the enormity of damage done to the resources and environment, earlier, W.P.No.9860 of 2008 was filed before this Court by one Mr.Elephant Rajendran and this Court has passed a detailed order on 05.11.2009 in the said writ petition directing the State Government to take necessary steps in line with the earlier Government Orders and to strictly implement the Rules, to protect the environment and resources.

3.It is the further case of the petitioner that inspite of the various remedial and preventive measures being spelt out by the Government and this Court, destruction of the environment and looting of the natural resources in and around the Amaravathi River Basin are taking place. Hence, the petitioner gave representation to the respondents seeking to protect the Amaravathi River Basin, to conduct a detailed departmental enquiry and to take action against the officials involved in the loot of the natural resources and since the said representation was not considered, came forward to file this writ petition. 4.Though the writ petition has been filed for a larger relief, the learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 10.10.2012 sent through RPAD on 11.10.2012 and to pass appropriate orders.

5.The learned Special Government Pleader would submit that the petitioner's representation would be considered in accordance with law and appropriate orders will be passed. 6.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court directs the respondents to consider the petitioner's representation dated 10.10.2012, on merits and in accordance with law and to pass appropriate orders on the same, after affording opportunity to the officials concerned, within a period of three months from the date of receipt of a copy of this order.

7.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to the Government of Tamil Nadu, Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Principal Secretary To the Government of Tamil Nadu, Industries Department, Mines and Minerals Section, Secretariat, Fort St.George, Chennai - 600 009.

3. The Director General of Police, Chennai.

4. Directorate of Vigilance and Anti Corruption, Government of Tamil Nadu, Adyar, Chennai.

5. The District Collector, Tiruppur.

6. The Superintendent of Police, Tiruppur District.

7. The Deputy Superintendent of Police, Udumalpet.

W.P.No.30076 of 2013 AD(CO) RV(03/11/2020)