M.Loganathan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11..03..2015

CORAM:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.6704 of 2015 M.Loganathan ... Petitioner versus 1.The Government of Tamil Nadu represented by its Secretary to Government Home Department, Fort St.George, Chennai 600 009.

2.The Director -General of Police Dr.Radhakrishnan Road, Mylapore, Chennai 600004.

3.The Principal Secretary Industries Department Secretariat, Chennai 600 009.

4.The Principal Secretary Public Works Department Secretariat, Chennai 600 009.

5.The Principal Secretary Transport Department, Secretariat, Chennai 600009.

6.The Director Department of Geology and Mining Guindy, Chennai 600 032.

7.The District Collector Coimbatore District.

8.The District Collector Kanyakumari District Nagercoil 629001.

9.The Superintendent of Police Coimbatore District.

10.The Superintendent of Police Kanniyakumari District Nagercoil 629 001.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, a) Directing the first respondent to constitute a committee under the Chairmanship of District Collectors to identify sand quarry in River and Riverbed of Tamil Nadu and to recommend quarrying in such selected places only according to the needs of the public.

b)To co-ordinate the action between police department, revenue department and Mines and Mineral Department to prevent sand smuggling to other states.

c) To erect permanent check-posts on the roads of coimbatore and Kayakumari Districts leading to Kerala State and provide sufficient police personnel to strengthen these check-posts. For Petitioner : No appearance For Respondents : Mr.S.T.S.Moorthy Government Pleader for R.1 and R.10

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) This writ petition has been filed with the following prayers: "a) Directing the first respondent to constitute a committee under the Chairmanship of District Collectors to identify sand quarry in River and Riverbed of Tamil Nadu and to recommend quarrying in such selected places only according to the needs of the public.

b)To co-ordinate the action between police department, revenue department and Mines and Mineral Department to prevent sand smuggling to other states. c) To erect permanent check-posts on the roads of

coimbatore and Kayakumari Districts leading to Kerala State and provide sufficient police personnel to strengthen these check-posts."

2. Learned Government Pleader submits that in so far as prayer (a) is concerned, the mechanism is already in force so that the quarrying is permitted according to the needs of the public and is a general prayer. His submission qua prayer (b) and (c) is that the Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, are already in force, prohibiting transportation of sand covered under Rule 38, from being transported across the border States to the other States. Relevant instruction in this behalf have already been issued from the Chief Secretary to various authorities in terms of G.O.Ms.No.32, Industries (MMC2), dated 11.02.2011.

3. In view of the aforesaid, steps have already been taken in terms of the prayer made and the petition accordingly stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr Copy to:

1.The Secretary to Government of Tamil Nadu Home Department, Fort St.George, Chennai 600 009.

2.The Director -General of Police Dr.Radhakrishnan Road, Mylapore, Chennai 600004.

3.The Principal Secretary Industries Department Secretariat, Chennai 600 009.

4.The Principal Secretary Public Works Department Secretariat, Chennai 600 009.

5.The Principal Secretary Transport Department, Secretariat, Chennai 600009.

6.The Director, Department of Geology and Mining, Guindy, Chennai 600 032.

7.The District Collector, Coimbatore District, 8.The District Collector, Kanyakumari District, Nagercoil 629001.

9.The Superintendent of Police, Coimbatore District. 10.The Superintendent of Police Kanniyakumari District Nagercoil 629 001.

+1cc to Mr.S.Senthilnathan, Advocate, S.R.No.13727 +1cc to the Government Pleader, S.R.No.13856 W.P.No.6704 of 2015 RJ(CO) CA(16/03/2015)