All India Nethaji Social Welfare Movement v. The District Collector Of Erode
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.15755 of 2024 and W.M.P. No.17165 of 2024 All India Nethaji Social Welfare Movement (Regd. No.4/17/2024) represented by its Trustee C. Krishnamoorthy Avalpoondurai Village Modakurichi Taluk Erode District Petitioner v The District Collector of Erode Erode District The Tahsildar of Modakurichi Modakurichi Taluk Erode District Samri Infra Developers represented by its Proprietor No.402, III Floor Dev Palace M.G. Road Karur Karur District Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to instruct the third respondent to follow the conditions stipulated in his order in Na.Ka.No.683/minerals/2023 dated 15.03.2024. For petitioner Mrs. G. Devi For RR 1 & 2 Mr. Stalin Abhimanyu Additional Government Pleader For R3 No appearance
ORDER
(Made by the Hon'ble Acting Chief Justice) Concededly, the third respondent, which is a proprietorship concern, vide proceedings dated 15.03.2024 of the first respondent, has been awarded the work of quarrying sand from the Avalpoondurai Tank measuring around 240 acres in Erode District, for the purpose of laying a 4 lane bypass road, with as many as 25 conditions. 2.
The petitioner's case, in a nutshell, is that, inasmuch as condition nos.4 and 8 of the aforesaid proceedings are violated by the third respondent, the water level of the Avalpoondurai Tank is getting
considerably reduced, which may result in depletion of water table in the areas surrounding the tank; hence, this writ petition, in the form of a public interest litigation, seeking a writ of mandamus directing the first respondent to instruct the third respondent to follow the conditions stipulated in his proceedings dated 15.03.2024. 3.
For better appreciation of the issue, condition nos.4 and 8 of the proceedings of the first respondent, which are allegedly violated by the third respondent, together with their free English translation, are given as under:
epge;jidfs;
Fsj;jpy; mDkjpf;fg;gl;l MHk; 1/5 kPl;lh;
tiu kl;Lnk kz;iz vLj;Jr; bry;y ntz;Lk;/ Sand is permitted to be quarried from the tank only upto a depth of 1.50 m.
tl;lhu tsh;r;rp mYtyh; Rlof;fhl;oa[s;s g[y tiuglj;jpy; cs;s ,lj;jpy; kl;Lnk rk;ge;jg;gl;l mYtyhpd; Kd;dpiyapy; kz; vLf;f ntz;Lk;/ Sand is permitted to be quarried only from the survey number identified in the sketch by the Block Development Officer in the presence of the officer concerned.
4.
Today, when this writ petition was taken up for hearing, the learned Additional Government Pleader produced before this
Court, a copy of the communication dated 28.06.2024 addressed by the Assistant Director, Geology and Mining, Erode, the relevant portion of which, is extracted below for ready reference: "..... The contractor was allowed to transport 900 cbm (100L.L) from 27.03.2024 to 02.04.2024. Another permit was issued for 3,600 cbm (400 L.L) during the period from 10.06.2024 to 14.06.2024. The permission granted expired on 14.06.2024.
In this regard, subject area of the tank in S.F. No.1336 (part) from which earth was quarried and transported was inspected on 25.06.2024 by the team consisting of Revenue Divisional Officer, Erode, Assistant Director (Mines), Erode, Assistant Director (Highways), Erode, Tahsildar, Modakurichi, Revenue Inspector, Poonthurai, Surveyor, Poonthurai and Village Administrative Officer, Thuyampoonthurai. The report was submitted to District Collector, Erode and order in this regard are awaited from the District Collector........."
5.
Based on the aforesaid communication, the learned Additional Government Pleader submitted that necessary action would be taken no sooner orders are passed by the first respondent. He further submitted that the authorities have assured that the water body would be safeguarded by strengthening its bund.
6.
In view of the above development, the first respondent is directed to pass appropriate orders pursuant to the report submitted to him, within a period of two weeks, and within a period of four weeks thereafter, the authorities concerned shall take appropriate decision in the matter. Further, the petitioner is at liberty to approach the authorities with all the relevant materials at his command to substantiate his claim, which also shall be reckoned by the authorities before taking any decision. This writ petition stands disposed of with the above direction and observation. Costs made easy. Connected W.M.P. stands closed.
(R.M.D., A.C.J.) (M.S.Q., J.) 28.06.2024 Index :
No NC :
No cad
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad To The District Collector of Erode Erode District The Tahsildar of Modakurichi Modakurichi Taluk Erode District 28.06.2024