Munusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM and The Hon'ble Mr.JUSTICE G.CHOCKALINGAM W.P.No.24990 of 2015 Munusamy

...Petitioner

-vs1. The District Collector, Vellore, Vellore District.

2. The Commissioner, Mines and Minerals, Guindy, Chennai.

3. The Assistant Director, Mines and Minerals, Vellore, Vellore District.

4. The Revenue Divisional Officer, Vellore, Vellore District.

5. The Thasildar, Vellore Taluk, Vellore District.

6. Ragu

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to prevent all further illegal sand mining in the Palar river water course at Anpoondi village, Sathyamangalam post, Vellore Taluk and District.

For Petitioner : Mr.G.Rajan For Respondents : Mr.STS.Moorthy Government Pleader for R1 to R5

O R D E R

(Order of the Court was made by T.S.Sivagnanam, J.) This Public Interest Litigation has been filed by the petitioner praying for issuance of writ of mandamus to direct respondent Nos.1 to 5 to prevent the illegal sand mining in Palar River Water Course at Anpoondi village, Sathyamangalam post, Vellore Taluk and District.

2. The petitioner has submitted a representation to the official respondents on 09.07.2015 and produced photographs to show that extensive mining of sand is being done by using heavy equipments and transporting by tipper lorries.

3. The learned Government Pleader, on instructions from respondent No.5 has submitted that the Taluk Task Force Committee conducted an inspection and there is no illegal sand mining. In support of such stand, the learned Government Pleader has produced the report dated 20.7.2015 sent by the Tahsildar, Vellore to respondent Nos.1 and 3.

4. We are of the opinion that the report dated 20.07.2015 submitted by the Tahsildar, Vellore appears to be very vague. In such circumstances, this Court is of the view that the District Collector, Vellore should look into the matter and cause an inspection through the officials of Geology and Mining Department and thereafter, pass a detailed speaking order on the representation of the petitioner and communicate the same to the petitioner. The said exercise is directed to be completed within a period of four weeks from the date of receipt of the copy of this order.

5. The writ petition is disposed of in terms aforesaid. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

bbr To

1. The District Collector, Vellore, Vellore District.

2. The Commissioner, Mines and Minerals, Guindy, Chennai.

3. The Assistant Director, Mines and Minerals, Vellore, Vellore District.

4. The Revenue Divisional Officer, Vellore, Vellore District.

5. The Thasildar, Vellore Taluk, Vellore District.

1 CC to Mr.G.Rajan, Advocate SR.No. 42546 1 CC to the Government Pleader, SR.No. 42601 W.P.No.24990 of 2015 AK (CO) PSI (27.08.2015)