Arockiadoss v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7420 of 2024 and W.M.P.(MD)Nos.6832 and 6834 of 2024 Arockiadoss ... Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Assistant Director, Geology and Mines Department, Collectorate, Thanjavur District.
3.The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.
4.The Inspector of Police, Maruvoor Police Station, Thanjavur District.
5.S.Manikandan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 to 3 to take action against the 5th respondent for illegal sand mining in 1/4
S.F. No.41/3 of Maruvoor Village, Thiruvaiyaru Taluk, Thanjavur District, based on the petitioner's mother representation dated 05.02.2024. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.M.Saravanan, Addl. Government Pleader for R1 to R3.
Mr.Albert James, Govt. Advocate (Crl. Side) for R4.
No appearance for R5.
ORDER
Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned Government Advocate (Crl. Side) for the fourth respondent. 2.The petitioner alleges that the fifth respondent is indulging in illegal sand mining. The petitioner has given a complaint in this regard. Though notice was issued to the fifth respondent, he has refused the notice. 3.The first respondent is directed to take action on the petitioner's complaint. Notice will be issued to the fifth respondent by the first respondent and appropriate action on merits and in accordance with law will be taken. This exercise will be completed within a period of eight weeks from the date of 2/4
receipt of a copy of this order. I make it clear that I have gone into the merits of the matter.
4.The learned counsel for the petitioner draws my attention to the report of the Tahsildar made on 06.02.2024 in which it has been stated that the fifth respondent has illegally mined sand to the tune of 5,260 units. The petitioner's counsel would allege that illegal mining is presently going on. 5.It is the duty of the authorities including the jurisdictional police to ensure that illegal mining does not take place. I direct the official respondents including the police to ensure that no further illegal mining takes place. For the illicit mining already done, appropriate action shall be taken as per law. 6.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 05.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4
G.R.SWAMINATHAN, J.
ias To:- 1.The District Collector, Thanjavur District, Thanjavur.
2.The Assistant Director, Geology and Mines Department, Collectorate, Thanjavur District.
3.The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.
4.The Inspector of Police, Maruvoor Police Station, Thanjavur District.
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