P. Kottaisamy v. The Government Of Tamil Nadu

1 W.P.(MD)NO.11142 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.11142 of 2012 P.Kottaisamy ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Industries Department, Fort St. George, Chennai -9.

2. The District Collector, Dindigul District, Dindigul.

3. The District Revenue Officer, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Dindigul District, Dindigul.

5. The Executive Engineer, Public Works Department, Water Resources Organization, Vaigai Basin Division, Madurai.

6. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.44, Jeyaraj Bhavan, 9th Cross Street, Dindigul.

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7. The Executive Engineer, T.W.A.D. Board (Maintenance Division), Dindigul.

8. The Assistant Director of Geology and Mining, (Mines) Dindigul.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the order passed by District Collector, Dindigul dated 23.04.2012 in Na.Ka.No.314/2012 (Mines) and quash the same and consequently direct the Respondents to initiate steps to restore and protect the river bed, prevent illegal mining in Vaigai river bed particularly in Survey Nos.339 to 378, Sithargal Natham, Nilakottai Taluk, Dindigul District and Survey Nos.47,55,158, Villampatti, Nilakottai Taluk, Dindigul District and initiate legal action against wrong doers for unauthorized, illegal mining in non- permitted areas. For Petitioner : Mr.N.Dilip Kumar For R-1 to R-5& R-8: Mr.R.Ragavendran, Government Advocate.

For R-7 : Mr.B.Vijay Karthikeyan For R-6 : Ms.Vijayakumari Natarajan For Advocate Commissioner : Mr.S.Rajasekaran, for M/s.Lajapathi Roy & Associates.

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O R D E R

The petitioner is no more. Since this writ petition has been filed as Public Interest Litigation, the demise of the petitioner will not terminate the proceedings.

2. After going through the materials on record, we are more than satisfied that illicit and illegal quarrying had taken place. Be that as it may, it is stated by the respondents that sand mining has been completely stopped in the petition-mentioned site. We issue continuing mandamus that in the petition-mentioned site, no quarry shall take place further in future. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 13th August 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.11142 OF 2012 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The Principal Secretary to Government, Industries Department, Fort St. George, Chennai -9.

2. The District Collector, Dindigul District, Dindigul.

3. The District Revenue Officer, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Dindigul District, Dindigul.

5. The Executive Engineer, Public Works Department, Water Resources Organization, Vaigai Basin Division, Madurai.

6. The Assistant Director of Geology and Mining, (Mines) Dindigul.

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