Magimalayar Vettuvaikaal v. The Tamil Nadu Pollution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2018
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.11624 of 2018 Magimalayar Vettuvaikaal Kadaimadai Pasana Vivasayigal Sangam Rep. by its Deputy Secretary, A.Sivakumar Kaliyappanallur Anjal, Tharangambadi Taluk Nagapattinam District - 609 307.
.. Petitioner Vs 1 The Tamil Nadu Pollution Control Board Rep. by its Member Secretary No.76, Mount Salai Guindy, Chennai - 600 032.
2 The District Environmental Engineer Tamil Nadu Pollution Control Board No.14 Perumalsannathi Street Nagapattinam - 611 001 Nagapattinam District.
3 The District Collector Nagapattinam District Nagapattinam.
4 The Sub Collector Mayiladuthurai Division Mayiladuthurai Nagapattinam District.
5 The Assistant Director Department of Geology and Mines Collectorate, Nagapattinam District.
6 S.Kumar 7 K.Indra .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to take action against the violations based on
the letter of Geology Department in O. Mu. No.29/Mines/2016, dated 29.2.2016 followed by the representation of the petitioner dated 21.3.2017.
For Petitioner : Mr.Pavel Nirmalan for M/s.K.M. Vijayan Associates For Respondents : Mrs.Rita Chandrasekaran for respondents 1 and 2 Mr.E.Manoharan Addl. Government Pleader for respondents 3 to 5
ORDER
(Made by Ms.Indira Banerjee, Chief Justice) This writ petition is directed against violation of the conditions of quarry lease granted to the private respondents in respect of Survey Nos.273/3A, 287, 289/1A, 298/5F and 298/7B in Kariappanallur Village, Nagapattinam District. The petitioner has sought direction on the respondents to take action against the violators, being respondent Nos.6 and 7.
2. On behalf of the State, it is submitted on instructions that a fine of Rs.4,00,000/- odd was imposed on the respondent No.6 for the alleged violations. The respondent No.6 appealed and after considering the extent of illegal quarry, the fine was reduced to Rs.1,04,500/-, which the respondent No.6 has paid. The period of quarry lease has already expired.
3. So far as the land of the respondent No.7, being the wife of the respondent No.6, is concerned, the same is required for road expansion and all quarrying activities have been stopped to facilitate expansion of the road.
4. Since action has been taken, no further order of this Court is required.
5. The writ petition is disposed of recording the submission made on behalf of the State respondents. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar sasi
To:
1 The Member Secretary Tamil Nadu Pollution Control Board No.76, Mount Salai Guindy, Chennai - 600 032.
2 The District Environmental Engineer Tamil Nadu Pollution Control Board No.14 Perumalsannathi Street Nagapattinam - 611 001 Nagapattinam District.
3 The District Collector Nagapattinam District Nagapattinam.
4 The Sub Collector Mayiladuthurai Division Mayiladuthurai Nagapattinam District.
5 The Assistant Director Department of Geology and Mines Collectorate, Nagapattinam District.
+1 CC to Govt. Pleader sr 34589.
+1 CC to Mrs. Rita Chandrasekar, Advocate sr 34579. +1 CC to M/s. K.M. Vijayan Associates sr 34569. W.P.No.11624 of 2018 PA(CO) SP(14/06/2018)