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Madras High CourtWP(MD)/4066/2023closed

Rooban.J v. The Government Of Tamil Nadu

2025-06-26Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi15 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.5511, 5509, 5508, 5389, 5391 of 2023 & 4535 of 2025 W.P(MD)No.4066 of 2023:

J.Rooban ... Petitioner Vs.

1.The State represented by The Principal Secretary, Public Works Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Chief Engineer, Public Works Department (Water Resources), River Safety Division, Chepauk, Chennai - 5.

3.The Director, Geology and Mining Department, Guindy, Chennai.

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4.The Chairman, State Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, Jeenes Road, Saidapet, Chennai - 600 015.

5.The Project Director, Sand Quarrying Operations, Trichy.

6.The District Collector, Trichy District, Trichy.

7.The District Collector, Thanjavur District, Thanjavur.

8.The Assistant Director, Geology and Mining, Trichy.

9.The Assistant Director, Geology and Mining, Thanjavur.

10.The Executive Engineer, Public Works Department (RC), Trichy.

11.The Executive Engineer, Public Works Department (RC), Thanjavur.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to stop the authorized and 2/15

unauthorized sand quarries in the Kaveri river beds particularly the Kookur Trichy District sand quarry based on the petitioner's representation dated 15.11.2022 within the time stipulated by this Court. For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.P.S.Raman Advocate General for R.1, R.2, R.6, R.7, R.10 & R.11 Mr.C.Venkatesh Kumar Special Government Pleader for R.3, R.4, R.5, R.8 & R.9 W.P(MD)No.5823 of 2023:

P.Gunasekaran ... Petitioner Vs.

1.The Secretary to Government, Government of India, Ministry of Environment and Forests, Pariyavaran Bhawan, C.G.O.Complex, Lodhi Road, New Delhi - 110 003.

2.The Government of Tamil Nadu, Represented by its Chief Secretary, Industrial Department, Secretariat, Chennai.

3.The Government of Tamil Nadu, Represented by its Chief Secretary, 3/15

Public Works Department, Secretariat, Chennai.

4.The Chief Engineer, Public Works Department, Secretariat (Water Resources), River Safety Division, Chepauk, Chennai.

5.The Director of Geology and Mining, Guindy, Chennai.

6.The Chairman, TWAD Board, Chennai.

7.The District Collector, Karur District, Karur.

8.The Member Secretary, State Level Environmental Impact Assessment Authority (SIEIA), Chennai.

9.The Revenue Divisional Officer, Karur Division, Karur.

10.The Executive Engineer, Public Works Department, WRD, Mining and Monitoring Division, Trichirapalli.

11.The Assistant Executive Engineer, Geology and Mining Department, Karur.

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12.The Tahsildar, Karur Taluk, Karur District.

13.The Village Administrative Officer, Nerur North Village, Karur District.

14.Mano @ Illavarsan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to stop the illegal quarry operation in Cavery River in S.F.No.2596/A(p) Nerur North (Mallampalyam) Village, Manmangalam Taluk, Karur District, forthwith on the basis of the representation 25.02.2023.

For Petitioner : Mr.M.Rajaguru For Respondents : Mr.J.Alaguram Jothi Senior Panel Counsel for R.1 Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader for R.2 to R.13 No Appearance for R.14 W.P(MD)No.5919 of 2023:

M.Lakshmanan ... Petitioner 5/15

Vs.

1.The Union of India, Represented by its Secretary, Ministry of Mines, ShastriBhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2.The Union of India, Represented by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi.

3.The Union of India, Represented by its Secretary, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi - 110 107.

4.The Union of India, Represented by its Secretary, Ministry of Finance, 3rd Floor, Jeevan Deep Building, SansadMarg, New Delhi - 110 001.

5.The Chief Secretary to Government, Secretariat, St.George Fort, Chennai.

6.The Principal Secretary to Government, Public Works Department, Secretariat, St.George Fort, Chennai.

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7.The State represented by The Additional Chief Secretary, Water Resource Department, Chennai.

8.The Engineer-in-chief and Chief Engineer General, Water Resource Department, Chennai.

9.The Commissioner, Department of Geology and Mining, Guindy, Chennai - 32.

10.The Director of Geology and Mines, Guindy, Chennai - 32.

11.The Deputy Director of Geology and Mining, Karur.

12.The Regional Director of Geology and Mining, Trichy.

13.The Executive Engineer, Public Works Department / Water Resource Department, Mining and Monitoring Division, Trichy.

14.The Member Secretary, State Level Environment Impact Assessment Authority, Chennai - 600 015.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the 7/15

impugned Environment Clearance Report in Lr.No.SEIAA - TN/F. No. 8258/FC/1(a)/4592/2021, Lr. No.SEIAA - TN / F. No.8259/EC/1(a)/4593/2021, Lr. No.SEIAA - TN / F. No.8260/EC/1(a)/4594/2021. Lr. No. SEIAA - TN/F. No.8261/EC/1(a)/4595/2021 dated 27.03.2021 and Amended Environmental Clearance in Lr.No.SEIAA - TN/F. No.8258/Amendment EC /1(a)/4592/A/2021 dated 06.06.2022 issued by the 14th respondent and consequential G.O.(Ms). No.4, Water Resources (I.Spl.2-2) Department dated 06.01.2022 passed by the seventh respondent and quash the same and consequently directing the respondents to take necessary time fixed by this Court. For Petitioner : Mr.A.Balaji For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R.1 to R.4 Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader for R.5 to R.13 Mr.N.Dilip Kumar Standing Counsel for R.14 COMMON ORDER Heard both sides.

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2.The learned Additional Advocate General states that all the petition mentioned quarry sites have been formally closed on 26.12.2024 and that at present there are no quarrying operations and that the sites have been surrendered to the respective District Collectors. 3.We direct the State Government to effectively monitor so that there are no illegal quarry operations in river Cauvery through the Taluk Level Task Force and the District Level Task Force.

4.Recording the stand of the learned Additional Advocate General, this Writ Petitions are closed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 26.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Principal Secretary, Public Works Department, Fort St.George, 9/15

Secretariat, Chennai - 600 009.

2.The Chief Engineer, Public Works Department (Water Resources), River Safety Division, Chepauk, Chennai - 5.

3.The Director, Geology and Mining Department, Guindy, Chennai.

4.The Chairman, State Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, Jeenes Road, Saidapet, Chennai - 600 015.

5.The Project Director, Sand Quarrying Operations, Trichy.

6.The District Collector, Trichy District, Trichy.

7.The District Collector, Thanjavur District, Thanjavur.

8.The Assistant Director, Geology and Mining, Trichy.

9.The Assistant Director, Geology and Mining, Thanjavur.

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10.The Executive Engineer, Public Works Department (RC), Trichy.

11.The Executive Engineer, Public Works Department (RC), Thanjavur.

12.The Secretary to Government, Government of India, Ministry of Environment and Forests, Pariyavaran Bhawan, C.G.O.Complex, Lodhi Road, New Delhi - 110 003.

13.The Chief Secretary, Government of Tamil Nadu, Industrial Department, Secretariat, Chennai.

14.The Chief Secretary, Government of Tamil Nadu, Public Works Department, Secretariat, Chennai.

15.The Chief Engineer, Public Works Department, Secretariat (Water Resources), River Safety Division, Chepauk, Chennai.

16.The Director of Geology and Mining, Guindy, Chennai.

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17.The Chairman, TWAD Board, Chennai.

18.The District Collector, Karur District, Karur.

19.The Member Secretary, State Level Environmental Impact Assessment Authority (SIEIA), Chennai.

20.The Revenue Divisional Officer, Karur Division, Karur.

21.The Executive Engineer, Public Works Department, WRD, Mining and Monitoring Division, Trichirapalli.

22.The Assistant Executive Engineer, Geology and Mining Department, Karur.

23.The Tahsildar, Karur Taluk, Karur District.

24.The Village Administrative Officer, Nerur North Village, Karur District.

25.The Secretary, Union of India, Ministry of Mines, ShastriBhawan, 12/15

Dr.Rajendra Prasad Road, New Delhi - 110 001.

26.The Secretary, Union of India, Ministry of Environment, Forest and Climate Change, New Delhi.

27.The Secretary, Union of India, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi - 110 107.

28.The Secretary, Union of India, Ministry of Finance, 3rd Floor, Jeevan Deep Building, SansadMarg, New Delhi - 110 001.

29.The Chief Secretary to Government, Secretariat, St.George Fort, Chennai.

30.The Principal Secretary to Government, Public Works Department, Secretariat, St.George Fort, Chennai.

31.The Additional Chief Secretary, Water Resource Department, Chennai.

32.The Engineer-in-chief and Chief Engineer General, 13/15

Water Resource Department, Chennai.

33.The Commissioner, Department of Geology and Mining, Guindy, Chennai - 32.

34.The Director of Geology and Mines, Guindy, Chennai - 32.

35.The Deputy Director of Geology and Mining, Karur.

36.The Regional Director of Geology and Mining, Trichy.

37.The Executive Engineer, Public Works Department / Water Resource Department, Mining and Monitoring Division, Trichy.

38.The Member Secretary, State Level Environment Impact Assessment Authority, Chennai - 600 015.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA and W.M.P(MD)Nos.5511, 5509, 5508, 5389, 5391 of 2023 & 4535 of 2025 26.06.2025 15/15