S.Vijayagamoorthy v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.18223/2024 and W.M.P. Nos.20008, 20010 & 20014/2024 S. Vinayagamoorthy Petitioner v The State of Tamil Nadu represented by its Principal Secretary to Government Public Works & Water Resource Department Secretariat Chennai 600 009 The District Collector The Chief Engineer Water Resource Department (WRO) Government of Tamil Nadu Chepauk, Chennai 600 005 The Executive Engineer Water Resources Department Kosasthaliyaar Division Thiruvallur 602 001
The Assistant Director Geology & Mining The Revenue Divisional Officer Thiruvallur Revenue Division The Tahsildar Chairman Taluk Level Monitoring Committee The Project Director National Highways Authority of India Guindy Chennai 600 032 EKK Infrastructure Limited No.16, Dharmaraja Koil Street Chindatripet Chennai 600 002 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorafified mandamus calling for the records of the order dated 11.03.2024 in Na.Ka.No.373/2023/Mines.2 passed by the second respondent and quash the same and consequently, forbear the respondents 1 to 8 from granting any permission to
excavate the lake situated in Survey No.312 (part) situated at Ayathur Village, Thiruvallur Taluk and District by considering the objections of villagers dated 22.05.2024.
For petitioner Mr. M.R. Jothimanian For RR 1 to 7 Mr. E. Vijay Anand For R8 Mr. Su. Srinivasan
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking quashment of the order dated 11.03.2024 passed by the second respondent in and by which permission was granted to the ninth respondent for excavation of sand from the lake in S.No.312 (part), Ayathur Village, Thiruvallur Taluk and District, and to forbear the respondents 1 to 8 from granting any permission for excavation of sand from the said lake, by considering the objections dated 22.05.2024 of the villagers.
2.
Heard Mr. M.R. Jothimanian, learned counsel for the petitioner, Mr. E. Vijay Anand, learned Additional Government Pleader for respondents 1 to 7 and Mr. Su. Srinivasan, learned counsel for the eighth respondent.
3.
Mr. E. Vijay Anand, learned Additional Government Pleader, on instructions, submitted that initially, after affording an opportunity to the petitioner, an inspection would be conducted within a period of six weeks, and if any violation is found, appropriate action would be taken.
Recording the aforesaid submission of the learned Additional Government Pleader, this writ petition stands disposed of. No costs. Connected W.M.Ps. are closed.
(R.M.D., A.C.J.) (M.S.Q., J.) 04.07.2024 Index : Yes/No NC : Yes/No cad
To The Principal Secretary to Government Public Works & Water Resource Department Government of Tamil Nadu Secretariat Chennai 600 009 The District Collector The Chief Engineer Water Resource Department (WRO) Government of Tamil Nadu Chepauk, Chennai 600 005 The Executive Engineer Water Resources Department Kosasthaliyaar Division Thiruvallur 602 001 The Assistant Director Geology & Mining The Revenue Divisional Officer Thiruvallur Revenue Division
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad The Tahsildar Chairman Taluk Level Monitoring Committee The Project Director National Highways Authority of India Guindy Chennai 600 032 04.07.2024