Arokiyaraj.C v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.[MD]Nos.5876 & 5878 of 2021 Arokiyaraj.C ... Petitioner Vs 1.

The Chief Secretary, State of Tamil Nadu St. Fort George Chennai.

2.

The Principal Secretary for Industries State of Tamil Nadu, Industry Department, St. Fort George Chennai.

3.

The Vigilance Commissioner, State of Tamil Nadu, St. Fort George, Chennai. 4.

The District Collector, Ramanathapuram. Ramanathapuram District. [R4 Rank Rearranged as R1] 5.

The Assistant Director of Geology and Mining Mines and Minerals Department Ramanathapuram District.

[R5 Rank Rearranged as R2] 6.

The Revenue Divisional Officer Paramakudi, Ramanathapuram District.[R6 Rank Rearranged as R3] 7.

The Executive Engineer, Public Works Dept. Paramakudi Ramanathapuram District.

8.

The Tahsildar, Paramakudi, Ramanathapuram District. [R8 Rank Rearranged as R4] 9.

The Inspector of Police, Parthibanoor Police Station Parthibanoor Ramanathapuram District.

10.

Annathurai 11.

Kannan 12.

Vinothkumar [R12 Rank Rearranged as R5] ... Respondents 1/3

RR1 to 3, 7, 9 are struck off from the array of parties and R10 & R11 are deleted and the Respondents 4,5,6,8 and 12 Rank are rearranged as R1, R2, R3, R4 & R5 vide court order dated 09.04.2021 in WP(MD).7716 of 2021. P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the official respondents to 4,5,6 & 8th [Rearranged as Respondents 1 to 4] initiate legal action based on the representation of the petitioner dated 01.02.2021 and consequently direct the 4 to 6 [Rearranged the rank as Respondents 1 to 3] respondents to initiate legal action against the erred officials concerned who are responsible for the license issued to the 5th respondent(12th Respondent rearranged as 5th Respondent) for quarry operation in the Survey Nos.218/A, 218/2A, 218/3A, 227/1, 227/2, Soodiyur Village, Ramanathapuram District.

(Prayer amended as per order dated 09.04.2021) For Petitioner : Mr.C.M.Arumugam For Respondents 1 to 4 : Mr.K.P.Krishnadoss, Special Government Pleader

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.C.M.Arumugam, learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader appearing for the official respondents. 2.By way of this Public Interest Litigation, the petitioner seeks for a direction to consider his representation dated 01.02.2021, wherein it has been alleged that the 5th respondent is conducting illegal quarrying operation in Survey Nos. Survey Nos.218/A, 218/2A, 218/3A, 227/1, 227/2, Soodiyur Village, Ramanathapuram District. There are various other allegations also set out in the representation. Since, the representation has not been considered and it is alleged that the 5th respondent is proceeding to quarry sand, the writ petition has been filed. 3.

The learned Special Government Pleader for the official respondents, on instructions, submitted that the 5th respondent has been granted license by the District Collector, vide proceedings dated 18.08.2020, to quarry Savudu and as many as 21 conditions have been imposed apart from the four conditions contained in the license itself.

4.The allegation is that there are violations in the terms of conditions imposed. Therefore, the District Collector, Ramanathapuram, should look into the matter.

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5.Since, there are certain allegations made stating that there is violation of the terms and conditions of the license, we direct the District Collector, Ramanathapuram, to look into the allegations in the representation of the petitioner dated 01.02.2021 and direct a surprise inspection to be conducted by any of the officials within a period of three [3] days from the date of receipt of a copy of this order and proceed in accordance with law.

6.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) MR To 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Assistant Director of Geology and Mining, Mines and Minerals Department, Ramanathapuram District.

3.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Paramakudi, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-15809[F] dated 15/04/2021 ) ORDER MADE IN 09.04.2021 SRK(CO) TR(21.04.2021) 3P 6C 3/3