Mr.C.Ramesh v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2015
CORAM
THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.30936 of 2015 C.Ramesh ... Petitioner
Versus
1.The Government of Tamil Nadu represented by the Principal Secretary, Public Works Department, Fort St.George, Chennai.
2.The Director, Geology and Mining, Industrial Estate, Guindy, Chennai.
3.The District Collector Kancheepuram 4.The Tahsildar, Chengalpet Taluk, Kancheepuram.
5.The President, Nallambakkam Panchyat Chengalpet Taluk, Kancheepuram Chennai 600 048.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the third respondent not to lease out the lake in future in Nallambakkam Periya Lake located in S.No.310, 311 and 312, Nallambakkam Village, Chengalpet Taluk, Kancheepuram District to protect the water body and to serve the needs of the general public and agricultural activities by considering the representation of the petitioner dated 4.09.2015.
For Petitioner : Mr.S.Prabakar for M.A.Muthalakan For Respondents : Mr.S.T.S.Murthy Government Pleader assisted by Mr.V.R.Kamalanathan Additional Government Pleader Mr.V.Shanmughasundar Government Advocate for R.1 to R.4
O R D E R
(Judgment of Court was made by The Honourable Chief Justice) The allegation is that in the lake area quarrying of sand is taking place much beyond the permissible limit for which license has been granted. A representation in this behalf has been made on 04.09.2015 which is stated to be unaddressed.
2. The learned Government Pleader states that quarrying has been closed on 21.09.2015.
3. The moot point however remains whether licensee has adhered to the terms of the license or not, and thus, we direct the second respondent to get the site inspected and verify whether the quarrying which has taken place is as per the licensee granted. If any violation is found, proceedings should be taken out against the licensee and damages recovered as per procedure.
4. We may add if any such eventuality arises, 50% of the amount so recovered in that case will be remitted to the Grama Panchayat for compensating the residents of the area in development work. Necessary action be taken within a maximum period of 15 days from the date of receipt of the order.
5. The writ petition accordingly stands disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
ksr To 1.The Principal Secretary, Public Works Department, Fort St.George, Chennai.
2.The Director, Geology and Mining, Industrial Estate, Guindy, Chennai.
3.The District Collector, Kancheepuram.
4.The Tahsildar, Chengalpet Taluk, Kancheepuram.
5.The President, Nallambakkam Panchyat Chengalpet Taluk, Kancheepuram Chennai 600 048.
+1cc to Mr.M.A.Muthulakan, Advocate, S.R.No.53182 +1cc to the Government Pleader, S.R.No.53333 W.P. No.30936 of 2015 KJI(CO) CA(15/10/2015)