Thiyagarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.14954 of 2017 & W.M.P.No.16183 of 2017 Thiyagarajan ... Petitioner Vs

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar Chetpet, Thiruvannamalai District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to prevent the illegal sand quarry in and around Cheyyar River bed at No.7, Gangapuram village, Tiruvannamalai District.

For Petitioner : Mr.S.Arokia Maniraj For Respondents : Mr.M.K.Subramaniyan Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.

The petitioner claims to be a resident of Gangapuram Village, Chetpet Taluk, Thiruvannamalai District and he had filed this Public Interest Litigation alleging that in recent times, anti-social elements are indulging in illegal sand quarry in water bodies and as a consequence, the ground water level is gradually going down and similar incident has also taken place in the river bed of Gangapuram Village Panchayat, wherein tractors are used to illegally mine and transport river sand for commercial exploitation. The petitioner, in

this regard, had submitted representations dated 16.03.2017 and 25.05.2017 respectively to the respondents and despite receipt and acknowledgment, no action has been taken and hence, the petitioner came forward to file this Public Interest Litigation.

3.

The learned counsel for the petitioner would submit that in spite of receipt and acknowledgment of the representations, no action whatsoever, has been taken by the respondents and since, illegal sand quarry and consequent transportation is going on, the petitioner is constrained to approach this Court and file the present writ petition in the form of Public Interest Litigation.

4.

Per contra, Mr.M.K.Subramaniyan, learned Government Pleader, who accepts notice on behalf of the respondents 1 and 2, would submit on instructions, that on receipt of the representations, immediate follow-up action has been taken to prevent the illegal sand quarry and the representations submitted by the petitioner will be given disposal in accordance with law.

5.

The Court has considered the rival submissions and also perused the materials placed before it in the form of typed set of documents.

6.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the respondents 1 and 2 to consider and dispose of the petitioner's representations dated 16.03.2017 and 25.05.2017 respectively on merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 7.

The writ petition stands disposed of with the above direction.

No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar Chetpet, Thiruvannamalai District.

+1cc to Mr.S.Arokia Maniraj, Advocate, S.R.No.43044 +1cc to the Government Pleader, S.R.No.43087 W.P.No.14954 of 2017 CS IV CA(04/07/2017)