K.A.Radha Krishnan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.17367 of 2020 K.A.Radha Krishnan ..Petitioner Vs 1 The Secretary to Government Department of Geology and Mining Thiru.Vi.Ka.Industrial Estate Guindy, Chennai-600 032.
2 The TamilNadu Pollution Control Board Anna Salai, Guindy, Chennai Rep by its Chairman 3 The District Collector Coimbatore District, Coimbatore.
4 The Assistant Director of Mines Office of District Collector, Coimbatore.
5 The Director Mines Department Office of District Collector, Coimbatore.
6 The Thasildar Pollachi Taluk Office Pollachi, Coimbatore.
7 State Level Environment Impact Assessment Authority-Tamil Nadu 3rd Floor, Panagal Maaligai No.1 Jeenis Road Saidapet, Chennai - 15.
8 Yencees Blue Metals (P) Ltd Rep by its Managing Director K.T.Chenthamara 495/2A Kanal Puthur Puravipalayam Village, Pollachi Taluk
9 R.Rameshkumar ..Respondents (R9 impleaded vide order dated 23.11.2021 made in WMP.No.24805 of 2021) Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus (1) directing the respondent Nos.1 to 7 to take all appropriate steps to stop and close down forthwith the entire illegal mining activities done by the 8th Respondent in violation of the conditions imposed in their respective land situated at Pollachi; and (2) to issue a direction to respondent Nos.1 to 7 to take all possible steps against the 8th Respondent under the provisions of the relevant statutes for damaging the environment by doing unauthorised and illegal mining operations.
For the Petitioner : Ms.Anitha Dominic For the Respondents : Mr.C.Harsharaj Addl Government Pleader for respondents 1,3, 4, 5 & 6 : Ms.Shanmugavalli Sekar Standing Counsel for 2nd respondent : Mr.V.Chandrasekaran Senior Panel Counsel for 7th respondent : Mr.A.Ilaya Perumal for 8th respondent : Mr.N.Umapathi for 9th respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard learned counsel for the parties.
2. The petition in public interest was filed to issue a direction for appropriate steps to stop and close down the illegal mining activities by the eighth respondent.
3. Pursuant to the direction of this court, a counter has been filed by the third respondent - District Collector,
4. It is stated that not only the mining activities are stopped, but the amount to be recovered has also been assessed,
followed by a notice. The process for recovery of the amount would be taken. In the meantime, the request of the eighth respondent to allow it to operate the mining has been declined. Challenging the same, the eighth respondent filed a writ petition and the same is pending before this court.
5. According to the petitioner, the present writ petition has become infructuous after the action is taken and accordingly, the writ petition be disposed of as infructuous. Learned counsel for the petitioner is also satisfied with the action taken by the official respondents against the illegal mining activities.
6. In view of the above and taking note of the action already taken by the official respondents against the illegal mining, nothing more remains, rather the writ petition has become infructuous and accordingly, disposed of. No costs. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar bbr To:
1 The Secretary to Government Department of Geology and Mining Thiru.Vi.Ka.Industrial Estate Guindy, Chennai-600 032.
2 The TamilNadu Pollution Control Board Anna Salai, Guindy, Chennai Rep by its Chairman 3 The District Collector Coimbatore District, Coimbatore.
4 The Assistant Director of Mines Office of District Collector, Coimbatore.
5 The Director Mines Department Office of District Collector,
6 The Thasildar Pollachi Taluk Office Pollachi, Coimbatore.
7 State Level Environment Impact Assessment Authority-Tamil Nadu 3rd Floor, Panagal Maaligai No.1 Jeenis Road Saidapet, Chennai - 15.
+1cc to M/s.Shanmugavalli Sekar, Advocate, S.R.No.62529 +1cc to M/s.A.Ilayaperumal, Advocate, S.R.No.62414 +1cc to Government Pleader, in SR.No.62660 [08/04/2022] W.P.No.17367 of 2020 KSM(CO) RGA(07/12/2021)