Madras High CourtWP/25564/2017disposed of

N. Mathiyazhagan v. State Of Tamilnadu

2017-10-03Honourable The Chief Justice,Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.25564 of 2017 N.Mathiyazhagan .. Petitioner Vs.

1 The State of Tamilnadu Rep. by its Chief Secretary to Government Public Department Fort St. George Chennai - 600 009.

2 The Secretary to Government Public Works Department Fort st. George Chennai - 600 009.

3 The Secretary to Government Industrial Department Fort st. George Chennai - 600 009.

4 The President State Level Environment Impact Assessment Authority Panagal Building, Saidapet Chennai - 600 015.

5 The Commissioner Geology & Mines Department Chennai - 600 032.

6 The District Collector Namakkal District, Namakkal.

7 The Superintendent of Police District Police Office Namakkal District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the respondents to prevent the illegal sand quarrying in Survey No.170 in Manappalli Village and in Survey No.380 in

Komarapalayam Village and adjoining Survey Numbers in Kaveri riverbed situate in Manappalli and Komarapalayam Panchayats in Paramathi Vellore Taluk in Thiruchengode Revenue Block, Namakkal District and to ensure the protection of the said water resources by strictly implementing G.O.(Ms). No.135 dated 13.11.2009 of the Industries (MMA.1) Department based on the petitioners representation dated 24.08.2017.

For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 3 and 5 to 7

ORDER

(Order of the Court was made by M.Sundar,J.) This writ petition has been filed in public interest.

2. The prayer in this writ petition is to mandamus the respondents to prevent alleged illegal sand quarrying in two specific survey numbers in two different villages. According to the averments made by the writ petitioner in the affidavit, the two specific survey numbers in two different villages are Survey No.170 in Manappalli Village and Survey No.380 in Komarapalayam Village, both in Paramathi Vellore Taluk in Thiruchengode Revenue Block, Namakkal District.

3. Mr.M.K.Subramanian, learned Government Pleader accepts notice on behalf of official respondents 1 to 3 and 5 to 7.

4. In the light of the submissions made by the learned Government Pleader and in the light of the order which we propose to pass, we are of the view that it is not necessary to issue notice to the fourth respondent.

5. The learned Government Pleader submits, on instructions, that with regard to Survey No.170 in Manappalli Village (supra), the District Level Squad has carried out inspections, taken appropriate action and no quarrying activities are carried on now in the said survey number.

6. With regard to Survey No.380 in Komarapalayam Village, the learned Government Pleader submits that but for the permission accorded to the local villagers to remove sand in cart loads, no other sand quarrying activities are permitted in the said survey number. He added that local villagers had been

permitted to remove sand in cart loads only with effect from 17.8.2017.

7. The above said submissions of the learned Government Pleader are recorded.

8. The writ petition is disposed of recording the above submissions made by the learned Government Pleader. No costs. Consequently, W.M.P.No.26960 of 2017 are closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sasi To:

1 The Chief Secretary to Government State of Tamilnadu Public Department Fort St. George Chennai - 600 009.