S. Venkateswaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)Nos.12937 of 2011, 14735 of 2011, 2884 of 2012, 2901 of 2012, 6761 of 2012, 4684 of 2020, 6312 of 2020, 7045 of 2020, 10471 of 2020 & 13712 of 2020 and M.P(MD)No.1 of 2011, 1 of 2011, 1, 3 and 5 of 2012, 1 and 2 of 2012 , 1 of 2012, 4056 & 4057 of 2020, 5538 of 2020, 5539 of 2020, 5540 of 2020, 5541 of 2020, 6481 of 2020, 9263 of 2020, 11383 of 2020 & 11386 of 2020 1.W.P(MD)No.12937 of 2011:
S.Venkateswaran ... Petitioner vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Executive Engineer, Public Works Department, Muthupet Road, Pattukottai, Thanjavur District.
... Respondents 1/22
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to restore the northern bund of Agni river in Sr.No.112, Sendakottai Village, Maaliyakkadu Post - 614 602, Pattukottai Taluk, Thanjavur District. For Petitioner : Mr.I.Velpradeep For Respondents : Mr.P.Thilak Kumar Government Pleader 2.W.P(MD)No.14735 of 2011:
T.Balasubramanian ... Petitioner vs.
1.State of Tamil Nadu, Represented by its District Collector, Thanjavur District, Collectorate, Thanjavur.
2.The Executive Engineer, Water Bodies, Public Works Department, Pattukkottai, Thanjavur District.
3.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.
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4.The Tahsildar, Pattukkottai Taluk, Pattukkottai, Thanjavur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner made on 18.11.2011 for issuing assignment to the petitioner in respect of the land situated in Survey No.112, Sendakottai Village, Pattukkottai Taluk, Thanjavur District. For Petitioner : Mr.S.K.Mani For Respondents : Mr.P.Thilak Kumar Government Pleader 3.W.P(MD)No.2884 of 2012:
P.Manivasagam ... Petitioner vs.
1.The State of Tamil Nadu, Represented by its District Collector, Thanjavur District, Collectorate, Thanjavur.
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2.The Executive Engineer, Water Bodies, Public Works Department, Pattukkottai.
3.The Revenue Divisional Officer, Pattukkottai.
4.R.P.Ramesh ... Respondents (R - 4 is impleaded vide order dated 20.04.2012 in M.P(MD)No.4 of 2012) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the first respondent order dated 24.02.2012 in Na.Ka.No.316/2002 (Minerals) and quash the same and to direct the first respondent restore the northern bank of Agniyaru S.F.No.112 in Maliyakadu. For Petitioner : Mr.S.K.Mani For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For R - 4 : Mr.R.Maheswaran 4.W.P(MD)No.2901 of 2012:
S.Venkateswaran ... Petitioner 4/22
vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Executive Engineer, Public Works Department, WRO, Agni Aaru Vadinilakottam, Pattukottai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pursuant to the order made in Na.Ka.No.316/2012 (Minerals) dated 24.02.2012 passed by the first respondent and quash the same. For Petitioner : Mr.I.Irulappan For Respondents : Mr.P.Thilak Kumar Government Pleader 5.W.P(MD)No.6761 of 2012:
P.Manivasagam ... Petitioner vs.
1.State of Tamil Nadu, Represented by its District Collector, Thanjavur District, Collectorate, Thanjavur.
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2.The Executive Engineer, Water Bodies, Public Works Department, Pattukkottai.
3.The Revenue Divisional Officer, Pattukkottai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing an enquiry to be conducted by any Investigating Agency like the Central Bureau of Investigation in the matter of the illegal aggrandizement of the respondents and their subordinates in the sand quarry sites in Agni Aru in Survey No.112 in respect of the first permit issued by the first respondent in Na.Ka.No. 623/2010 dated 19.08.2010 and second permit issued by the first respondent in Na.Ka.No.316/2012 (Minerals) dated 24.02.2012 and for a further direction to deepen the further Eastern course of Agni Aaru within Chinna Udayarkovil and Thokkalikadu limits and at the same time rebuilding the cut open Northern bank of Agni Aaru in Survey No.112 of Maliakkadu, Pattukkottai Taluk and to reinforce the same and to collect the cost for the same from the respondents and the other officials who are parties to this loot.
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For Petitioner : Mr.S.K.Mani For Respondents : Mr.P.Thilak Kumar Government Pleader 6.W.P(MD)No.4684 of 2020:
K.Kumar ... Petitioner vs.
1.The Director Geology and Mining Department, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 032.
2.The District Collector, Thoothukudi District, Thoothukudi.
3.The Assistant Director of Mines and Minerals, Department of Geology and Mining, Thoothukudi District.
4.The Revenue Divisional Officer, Kovilpatti Revenue Divisional Office, Thoothukudi District.
5.The Thasildar, Ettayapuram Taluk, Thoothukudi District.
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6.The Executive Engineer, Vaippar River Basin, Public Works Department, Virudhunagar.
7.The Project Director, Directorate of Sand Quarry Operations, Office of the Executive Engineer, Public Works Department, Chepauk, Chennai.
8.The Superintendent of Police, Thoothukudi District, Thoothukudi.
9.The Deputy Superintendent of Police, Vilathikulam Sub Division, Thoothukudi District.
10.Patchirajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.GM1/110/2020 dated 26.02.2020 passed by the second respondent herein and quash the same and consequently direct the respondents 1 to 9 to take necessary action against the 10th respondent under Tamil Nadu Mines and Minerals Concession Rules 1959 for illegal quarrying by virtue of the order passed by the second respondent vide his proceedings in Na.Ka.No.GM1/110/2020 dated 8/22
26.02.2020 issued to the 10th respondent in lands comprised in S.No.159/3 to an extent of 1.47.50 hector situated at Thappathi Village, Ettayapuram Taluk, Thoothukudi District.
For Petitioner : Mr.M.Prabu For RR 1 to 7 : Mr.P.Thilak Kumar Government Pleader For RR 8 & 9 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 10 : Mr.M.S.Jeyakarthik 7.W.P(MD)No.6312 of 2020:
S.Urangapuli ... Petitioner vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Assistant Director, Mines and Minerals, Collectorate Buildings, Virudhunagar.
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3.The Revenue Divisional Officer, Sub-Collector, Aruppukottai, Virudhunagar District.
4.Tahsildar, Tiruchuli Taluk, Virudhunagar District.
5.T.Krishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the orders passed by the first respondent in Na.Ka.KV3/418/2019 dated 13.05.2020 and quash the same and consequently direct the respondents to stop removing "Ubari Sand" or "Savadu Sand" from the patta lands pertaining to the fifth respondent comprised in S.No.328/2E and 328/2G in Patta No.1119 situated at P.Vahaikulam Village admeasuring 0.71.5 and 0.24.0 Hectors along with the banks of "Kiruthumal River" running through the Virudhunagar District.
For Petitioner : Mr.S.C.Herold Singh For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader For R - 5 : Mr.S.Sadeeskumar 10/22
8.W.P(MD)No.7045 of 2020:
R.Balakrishnan ... Petitioner vs.
1.The District Collector, Sivagangai District.
2.The Assistant Director, Geology and Mining, Sivagangai District.
3.Ramanathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent not to grant any license or lease rights to anyone to take gravel or savadu from Pillai Vizhunthan Kanmoi, Seedevi Kanmoi and Pilaran Keni situated at Illuppakkudi Village, Karaikudi Taluk, Sivagangai District and to prevent the third respondent from quarrying gravel or savudu as per trip sheet issued by the second respondent in pursuance of the permission granted by the first respondent in violation to the interim orders passed by this Court in W.P(MD)No.9104 of 2019 dated 15.04.2019 in W.P(MD)No.20903 of 2016 dated 28.08.2019.
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For Petitioner : Mr.D.Venkatesh For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For R - 3 : Mr.S.P.Naveenkumar 9.W.P(MD)No.10471 of 2020:
N.Jeganathan ... Petitioner vs.
1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Geology and Mining, Fort St. George, Secretariat, Chennai - 9.
2.The Principal Secretary, Department of Revenue, Fort St. George, Secretariat, Chennai - 9.
3.The Director of Geology and Mining, O/o.The Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai 32 4.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai 32. 12/22
5.The District Collector, Sivagangai District, Sivagangai.
6.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai, Sivagangai.
7.M.Dhanabal 8.M.Sukumaran 9.M.Naganathan 10.Red Sankar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent Nos.1 to 6 to forbear the indiscriminate River sand mining by the respondents 7 to 10 in the patta lands in S.Nos.246/3B, 265/6B, 131/2, 266/8A, 266/10, 266/12 and 268/2 in Samuthiram Village, Ilayankudi Taluk, Sivagangai District and the lands in S.Nos.3/5, 8, 1, 8/2 and 8/3 in Viryadhakandan Village, Ilayankudi Taluk, Sivagangai District and lands in S.No.115/4 at Thugavur Ilayankudi Taluk, Sivagangai District and S.No.197/2, 197/6 in Kattanur Village, Ilayankudi Taluk, Sivagangai District within time frame stipulated by this Court.
For Petitioner : Mr.S.Rajasekar For RR 1 to 5 : Mr.P.Thilak Kumar Government Pleader For R - 6 : Mr.P.Thilak Kumar Additional Public Prosecutor 13/22
10.W.P(MD)No.13712 of 2020:
Venkateshwaran ... Petitioner vs.
1.The Project Director, Sand Quarry Operations, Public Works Department, WRO, PWD Office Campus, Kalasara Mahal, Cheppauk, Chennai - 5.
2.The District Collector, Thanjavur District, Thanjavur.
3.The Executive Engineer, Water Resources Department, Public Works Department, Mining and Monitoring Division, Thanjavur.
4.The Thasildar, Taluk Office, Pattukottai, Thanjavur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certioraraified Mandamus to call for the records in RC.No. 280 / Mines / 2018 dated 10.02.2020 order passed by the second respondent and set aside the same.
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For Petitioner : Mr.S.Muniyandi For Respondents : Mr.P.Thilak Kumar Government Pleader COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) These Writ Petitions have been instituted to take action against illegal sand mining from the river.
2.The learned Government Pleader, on instructions, submitted that river sand mining operations have been stopped. 3.The petitioners are at liberty to provide information/complaint to the authorities competent in the event of identifying any such illegal sand quarrying. If any complaint or information is received regarding illegal river sand mining operations, the competent authorities are bound to initiate appropriate action and prosecute the offenders under criminal law. 15/22
4.As far as the strengthening of river bund is concerned, it is an administrative decision to be taken in the public interest. The authorities concerned are directed to look into the issue and take an appropriate decision considering public interest and for the purpose of preserving water resources.
5.With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 16/22
1.The District Collector, Thanjavur District, Thanjavur.
2.The Executive Engineer, Public Works Department, Muthupet Road, Pattukottai, Thanjavur District.
3.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.
4.The Tahsildar, Pattukkottai Taluk, Pattukkottai, Thanjavur District.
5.The Executive Engineer, Public Works Department, WRO, Agni Aaru Vadinilakottam, Pattukottai.
6.The Director Geology and Mining Department, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 032.
7.The District Collector, Thoothukudi District, Thoothukudi.
8.The Assistant Director of Mines and Minerals, 17/22
Department of Geology and Mining, Thoothukudi District.
9.The Revenue Divisional Officer, Kovilpatti Revenue Divisional Office, Thoothukudi District.
10.The Thasildar, Ettayapuram Taluk, Thoothukudi District.
11.The Executive Engineer, Vaippar River Basin, Public Works Department, Virudhunagar.
12.The Project Director, Directorate of Sand Quarry Operations, Office of the Executive Engineer, Public Works Department, Chepauk, Chennai.
13.The Superintendent of Police, Thoothukudi District, Thoothukudi.
14.The Deputy Superintendent of Police, Vilathikulam Sub Division, Thoothukudi District.
15.The District Collector, 18/22
Virudhunagar District, Virudhunagar.
16.The Assistant Director, Mines and Minerals, Collectorate Buildings, Virudhunagar.
17.The Revenue Divisional Officer, Sub-Collector, Aruppukottai, Virudhunagar District.
18.Tahsildar, Tiruchuli Taluk, Virudhunagar District.
19.The District Collector, Sivagangai District.
20.The Assistant Director, Geology and Mining, Sivagangai District.
21.The Principal Secretary to Government, Represented by the State of Tamil Nadu, Department of Geology and Mining, Fort St. George, Secretariat, Chennai - 9.
22.The Principal Secretary, 19/22
Department of Revenue, Fort St. George, Secretariat, Chennai - 9.
23.The Director of Geology and Mining, O/o.The Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai 32 24.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai 32. 25.The District Collector, Sivagangai District, Sivagangai.
26.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai, Sivagangai.
27.The Project Director, Sand Quarry Operations, Public Works Department, WRO, PWD Office Campus, Kalasara Mahal, Cheppauk, Chennai - 5.
28.The District Collector, Thanjavur District, Thanjavur.
29.The Executive Engineer, 20/22
Water Resources Department, Public Works Department, Mining and Monitoring Division, Thanjavur.
30.The Thasildar, Taluk Office, Pattukottai, Thanjavur District.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN W.P(MD)Nos.12937 of 2011, 14735 of 2011, 2884 of 2012, 2901 of 2012, 6761 of 2012, 4684 of 2020, 6312 of 2020, 7045 of 2020, 10471 of 2020 & 13712 of 2020 DATED : 23.07.2025 22/22