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Madras High CourtWP/25259/2022closed

T.Palanisamy v. The Director (Mines And Minerals)

2024-07-10Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2677

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.32543 of 2022 T.Palanisamy .. Petitioner vs 1.The Director (Mines and Minerals), Department of Geology and Mining, Guindy, Chennai - 600 032.

2.The Joint Director (Mines and Minerals) Department of Geology and Mining, Guindy, Chennai - 600 032.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing 1st and 2nd respondent to give suitable direction to District Level Task Force Committee and Taluk Level Task Force Committee in the District of Erode, Tirrupur, Karur, Namakkal and Dindigul to curb illegal excavation of gravel sand in the Ryotwari land which is functioning in contravention to the provisions of Section 19 of the Tamil nadu Minor Mineral Concession Rules, 1959 by considering petitioner representation dated 31.05.2022.

For Petitioner :

Mr.C.Ramaraj For Respondents :

Mr.Stalin Abimanyu Additional Government Pleader

ORDER

This writ petition is filed in the slyte of a Public Interest Litigation (PIL) and the prayer of the petitioner is for a mandamus directing the 1st 1/4

and 2nd respondent to issue directions to the district level task force committee and taluk force committee in Erode, Tiruppur, Namakkal and Dindigul to curb illegal excavation of gravel sand in in the Ryotwari land which is functioning in contravention of the provisions of Section 19 of the Tamil Nadu Minor Mineral Concession Rules, 1959. 2.

The writ petition has been pending since 2022, and on the earlier occasion, this Court has directed the respondent to file a status report in regard to the action upon the prayer sought. 3.

A status report has been filed on 21.03.2024. Hence, rather than closing this writ petition for lack of a cause action qua the petitioner, I close the same recording the relevant contents of the status report. Paragraphs 6 and 7 of the status report reads thus:- "6. Further, it is humbly submitted that meeting convened by the District Level Task Force Committee and Taluk Level Task Force Committee during the year 2021 - 22 and 2022-23 are as detailed below.

S.No Committee No. of meetings convened District Level Task Force Committee 2021 - 22 2022 - 23 Taluk Level task Force Committee Further it is submitted that the following stringent action were taken by the Enforcement Department viz., Geology and Mining, Revenue and Police Department for curtailing the illegal menace during the year 2021 - 22 and 2022 - 23.

Sl.No Category 2021-2022 2022-2023 No.of vehicle seized No.of case FIR filed Booked under Goondas Act 2/4

Sl.No Category 2021-2022 2022-2023 Illicit quarrying detected Penalty Collected(Rs.) For illicit transportation & illicit detection 2,70,71,316 9,22,62,101

7. It is further submitted that the District Level Task Force Committee and Taluk Level Task Force Committee are being continuously monitoring the illegal quarrying activities & illegal transportation of minerals. The prayer sought by the petitioner Thiru T.Palanisamy in WP 25259/2022 has been complied by the Commissioner of Geology and Mining and hence the same has become infructuous."

4.

Learned counsel for the petitioner expresses his satisfaction with the result of the monitoring action by the respondents, and recording the aforesaid, this Writ petition is closed. No costs. Connected miscellaneous petition is closed.

10.07.2024 ssm To 1.The Director (Mines and Minerals), Department of Geology and Mining, Guindy, Chennai - 600 032.

2.The Joint Director (Mines and Minerals) Department of Geology and Mining, Guindy, Chennai - 600 032.

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DR. ANITA SUMANTH,J.

ssm 10.07.2024 4/4