K.Hemarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.18913 of 2023 K.Hemarajan .. Petitioner
Versus
1. The District Collector, Office of the Collectorate, Villupuram - 605 602.
2. The Executive Engineer, Public Works Department, Water Resource Department (WRD), Sand Mining and Monitoring Division, Villupuram - 605 602.
3. The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
4. The Member Secretary, The State Level Environment Impact Assessment Authority (SEIAA), 1/8
3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
5. The Chair Person, District Level Environment Impact Assessment Authority (SEIAA), Collectorate, Villupuram - 605 602.
6. The Deputy Director, Department of Geology and Mining, Collectorate, Villupuram - 605 602.
7. The Tahsildar, Thiruvennainallur Taluk, Villupuram District - 607 107.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 1st and 2nd respondents to close the Government Thenpennai River Sand Quarry, bearing in S.F.No.198 (Part), admeasuring 11.00.00 Hectares, situated at Thenpennai River Bed, Enathimangalam village & post, Thiruvennainallur Taluk, Villupuram District.
For Petitioner : Mr.J.Agni Selvaraju For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader, for RR-1, 2, 4 to 7 2/8
: Mr.Suchindran B.N, for R3
ORDER
This Writ Petition is filed for a mandamus directing the respondent Nos.1 and 2 to close the Government Thenpennai River Sand quarry in S.F.No.198 (Part) admeasuring 11.00.00 hectares situated at Thenpennai river road, Enathimangalam village and post, Thiruvennainallur taluk, Villupuram district.
2. When the matter is taken up for hearing, the learned Additional Government Pleader would place a status report on record. In the said status report, paragraph Nos.8, 9 and 10 read as follows:- "8. This respondent states that since the new Ellis Anicut falls within the buffer zone, the Enathimangalam sand quarry in Thenpennaiyar riverbed over an extent of 11.00.0 Hectares out of 86.94.5 Hectares at S.F.No.198(p) of Enathimangalam Village in Thiruvennainallur Taluk of Villupuram District has been closed permanently. The prayer in the present writ petition is for closure of Government Thenpennai River Sand quarry bearing in S.F 3/8
No 198 (Part) admeasuring 11.00.00 Hectares since the Government Sand quarry operating in the above said area has already been closed permanently, the prayer in the writ petition has become infructuous.
9. This respondent states that the quarrying operations are closed once for all at Enathimangalam sand quarry in Thenpennaiyar river bed over an extent of 11.00.0 Hectares out of 86.94.5 Hectares at S.F.No. 198(p) of Enathimangalam Village in Thiruvennainallur Taluk of Villupuram District since the new Ellis Anicut falls within the buffer zone.
10. This respondent also states that no quarrying operations will be held within 3 km distance in upstream side from Enathimangalam sand quarry as a new River Bridge is proposed to be built near Marangiyur causeway. This respondent also states that no quarrying operations will be held within 2 km distance in downstream side from Enathimangalam sand quarry as Ellis Anicut and Enathimangalm River Bridge are present. In total, for about 5 kms this respondent do not intend to engage in any quarrying operations from the quarrying site. Hence this respondent a undertakes that no quarrying operations will be held within this 5 km stretch of Thenpennaiyar river bed at SF No 198 (P) Enathimangalam village of Thiruvennainallur Taluk."
3. Since the respondents themselves have now categorically mentioned that the sand quarry operations are closed, this Writ Petition is dismissed as having become infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 4/8
21.03.2025 : no grs To
1. The District Collector, Office of the Collectorate, Villupuram - 605 602.
2. The Executive Engineer, Public Works Department, Water Resource Department (WRD), Sand Mining and Monitoring Division, Villupuram - 605 602.
3. The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.
4. The Member Secretary, The State Level Environment Impact Assessment Authority (SEIAA), 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
5. The Chair Person, District Level Environment Impact Assessment Authority (SEIAA), 5/8
Collectorate, Villupuram - 605 602.
6. The Deputy Director, Department of Geology and Mining, Collectorate, Villupuram - 605 602.
7. The Tahsildar, Thiruvennainallur Taluk, Villupuram District - 607 107.
6/8
D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.No.18913 of 2023 7/8
21.03.2025 8/8