Madras High CourtWP/13168/2018disposed of

Govinthasami v. The District Collector

2023-08-16Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. Govinthasami

2. Jayaraman

3. Mahendiran Ramasamy

4. Kuppusami Kandhasami

5. Palanisamy Chitambaram ..

Petitioners Vs.

1. The District Collector Collectorate Office, Namakkal.

2. The Superintendent of Police SP Office, Namakkal.

3. The Deputy Director Minerals & Zeology Collectorate Office, Namakkal.

4. The Deputy Superintendent of Police DSP Office, Namakkal.

5. The Tahsildar Taluk Office, Paramathivelur Taluk Namakkal - 638 182.

6. The Revenue Inspector Revenue Inspector Office, Paundamangalam Namakkal - 637 208.

7. The Inspector of Police Velur Police Station Namakkal District - 638 182.

8. The Sub-Inspector of Police Velur Police Station Namakkal District - 638 182.

9. The Sub-Inspector of Police Jedarpalayam Police Station Namakkal District - 637 213.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents not to quarry sand and to ensure that no unlawful sand quarrying activities is being carried within Ponmalarpalayam and Melsokkanathapuram located within Paramathivelur Taluk or adjoining villages and consequentially assess damages for illegal quarrying and compensate the same to Ponmalarpalayam and Melsokkanathapuram located within Paramathivelur Taluk.

For the Petitioners : Mr.M.Ganeshan For the Respondents : Mr.K.Karthik Jegannath Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Ganeshan, learned counsel for the petitioners and Mr.K.Karthik Jegannath, learned Government Advocate for the respondents.

2. The matter is filed in the year 2018, seeking a direction against the respondents to ensure that no unlawful sand quarrying activities are being carried within Ponmalarpalayam and Melsokkanathapuram or the adjoining villages and consequentially, assess damages for illegal quarrying.

3. Counter affidavit is filed by the first respondent in the year 2018. The counter affidavit states about the action taken and also the levy of penalty of Rs.1,23,67,827/-. It is also stated that 63 First Information Reports are filed in respect of sand theft. It is further stated that apart from the above, pits and trenches were dug along the Cauvery Riverbed to curtail the movements of sand smugglers. Temporary check-posts are also erected. Special raids are also organized with Armed Reserve Striking force. The Taluk Level Task

Force and District Level Task Force conducts meetings every fortnight and monthly respectively in order to curtail the illegal quarrying/movement of the sand.

4. We expect this to be a regular feature. Continuous monitoring shall take place, so that illegal quarrying does not take place.

5. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.15483 & 15484 of 2018 are closed.

(S.V.G., CJ.) (P.D.A., J.) 16.08.2023 Index :

Yes/No :

Yes/No drm