Salem Eastdistrict Sand And M-Sand v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Salem East District Sand and M-Sand Lorry Owners Welfare Association, Represented by its President, L.Karthick ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by the Chief Secretary, Secretariat, St.George Fort, Chennai-600 009.
2.The Additional Chief Secretary, Water Resources Department, Secretariat, St.George Fort, Chennai-600 009.
3.The Engineer-in-Chief & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.
4.The Commissioner, Guindy, Chennai-600 032.
5.The District Collector, O/o.The District Collector, Salem District.
6.The Director, Salem District.
7.K.Thirukumaran ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 5 and 6 to conduct enquiry in respect of the above-mentioned illegalities and fraudulent activities done by the seventh respondent happening in and around Mookuttipalayam lake, located near Chandiyur or any other water bodies.
For Petitioner :
Mr.M.Sathyaseelan For Respondents : Mr.Stalin Abimanyu Additional Government Pleader for R1 to R6 R7-Dispensed with
O R D E R
This Writ Petition has been filed to direct the respondents 5 and 6 to conduct enquiry in respect of illegalities and fraudulent activities done by the seventh respondent in and around Mookuttipalayam lake, located near Chandiyur or any other water bodies.
2. The case of the petitioner is that as per G.O.No.87/2024 dated 24.06.2024 and G.O.No.384/2024 dated 03.07.2024 passed by the fifth respondent, the extraction of mud and soil was allowed on certain condition, however, the respondent No.7 is extracting mud more than the allowed loads and therefore, the petitioner made a representation on 30.09.2024 before the sixth respondent, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the sixth respondent is directed to dispose of the representations of the petitioner, dated 30.09.2024 on merits and in accordance with law, within a specified period.
4. Heard the learned Additional Government Pleader appearing for the respondents 1 to 6.
5. Since no adverse order is going to be passed against the respondent No.7, notice to the respondent No.7 is dispensed with.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent No.6 to consider the representation of the petitioner, dated 30.09.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing opportunity to the petitioner and the respondent No.7.
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
23.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Government of Tamil Nadu, Rep.by the Chief Secretary,
Secretariat, St.George Fort, Chennai-600 009.
2.The Additional Chief Secretary, Water Resources Department, Secretariat, St.George Fort, Chennai-600 009.
3.The Engineer-in-Chief & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.
4.The Commissioner, Guindy, Chennai-600 032.
5.The District Collector, O/o.The District Collector, Salem District.
6.The Director, Salem District.
M.DHANDAPANI, J.
ssb 23.10.2024