R.Ramesh v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3/6/2019 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.34167 of 2018 and W.M.P.No.39704 of 2018 R. Ramesh

...Petitioner

Vs

1. The State rep. By its Principal Secretary to Government Public Works Department Fort St. George Chennai 600 009.

2. The Commissioner Department of Geology and Mining Thiru.Vi.Ka.Industrial Estate Guindy Chennai 600 032.

3. The Assistant Director of Mines and Geology Vellore District Vellore.

4. The Executive Engineer Public Works department WRD, Mining and Monitoring Division Villupuram.

5. The Executive Engineer PWD, WRD Upper Palar Basin Division Vellore.

6. The District Collector Collectorate Sathuvachari Vellore.

7. The Revenue Divisional Officer Gudiyattam Vellore District.

8. The Tahsildar Taluk Office Pernampattu Taluk Vellore District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus directing the respondents to consider the Petitioner's representation dated 5/12/2018 and further direct the sixth respondent to cancel the permission given by him to the fifth respondent for mining the river sand for his violation of terms and condition in mining the river sand in a property situated in S.F.No.395 (P), to an extent of 5.76 hectare in Pattu Village Account, Pernampattu Taluk, Vellore District.

For Petitioner ... Mr.A.Gouthaman No appearance For Respondents...

Mr.E.Manoharan Additional Government Pleader

O R D E R

(Order of this Court was made by S.MANIKUMAR, J.) Instant public interest litigation has been filed for a writ of mandamus, directing the respondents, to consider the representation, dated 5/12/2018 and to further direct the District Collector,Collectorate, Sathuvachari, Vellore, sixth respondent, to cancel the permission given by him to the Executive Engineer, PWD, WRD, Upper Palar Basin Division, Vellore, fifth respondent, for mining river sand, for his violation of terms and condition, in mining the river sand, in a property situated in S.F.No.395 (P), to an extent of 5.76 hectare, in Pattu Village Account, Pernampattu Taluk, Vellore District.

2. Inviting the attention of this Court to the letter, dated 11/1/2019 of the Executive Officer, PWD/WRD, Villupuram, addressed to the District Collector, Vellore, Mr.E.Manoharan, learned Additional Government Pleader submitted that quarrying permitted has been completed and therefore, nothing survives in this writ petition.

3. Letter dated 11/1/2019 and other proceedings enclosed are reproduced hereunder:- Lr.No.F.101/MCP/2019, dated 11/1/2019

Sir, Sub: Submission - Pattu Mining Closure Plan - Submitted - Reg.

Ref: 1. SEIAA/Lr/No.SEIAA/TN/F.No.6481/EC/1 (a)/3984/2018 dated 15/5/2017.

2.

District Collector.Lr.No.Na.Ka.243/2016/Mines/ dated 27/7/2017 - - - - - I submit here with the Mining Closure Plan for Pattu Bullock Cart Sand Quarry Pernampet Taluk of Vellore District for favour of further action. * * * * * GOVERNMENT OF TAMIL NADU PUBLIC WORKS DEPARTMENT MINING CLOSURE PLAN PATTU SAND QUARRY Certified that 46514 Cu.m out of 48600 cu.m of sand had been quarried. Hence this sand quarry has been completely closed at 5.00 p.m., on 9/1/2019. It is also certified that the natural slope of river is maintained without any low level area in the mined area.

* * * * * MINING CLOSURE PLAN PATTU SAND QUARRY Name of Quarry/Village/taluk Pattu Village Pemampet Taluk of Vellore District Name of River Palar SEIAA Lr.No.

Lr.No.SEIAA/TNF.No.6481/EC/1 (a) 3984/2028 dated 15/5/2018 District Collector Lr.No.

District Collector, Vellore Lr.No.Na.Ka.243/2016/Mines dated 27/7/2018 Quantity Approved (Cu.m) 48600 Cu.m Machinery Nil Manual 48600 Cu.m Date of commencement 23/7/2018 Date of completion 9/1/2019 Total quantity sand quarried 46514 cu.m.

4.Placing on record the above, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Principal Secretary to Government Public Works Department, Fort St. George, Chennai 600 009.

2. The Commissioner Department of Geology and Mining Thiru.Vi.Ka.Industrial Estate., Guindy, Chennai 600 032.

3. The Assistant Director of Mines and Geology Vellore District, Vellore.

4. The Executive Engineer Public Works Department , WRD, Mining and Monitoring Division Villupuram.

5. The Executive Engineer PWD, WRD Upper Palar Basin Division Vellore.

6. The District Collector Collectorate, Sathuvachari, Vellore.

7. The Revenue Divisional Officer Gudiyattam, Vellore District.

8. The Tahsildar Taluk Office, Pernampattu Taluk, Vellore District. +1 CC to Mr.A.Gouthaman, Advocate sr 44579.

+1 CC to Govt. Pleader sr 44692 W.P.No.34167 of 2018 KS(CO) SP(06/06/2019)