Madras High CourtWP(MD)/15994/2015dismissed

K.Ulagu Thevar v. The Director Of Geology

2016-10-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.15994 of 2015 K.ULAGU THEVAR S/O.KARUPU THEVAR, 24 SANNATHI STREET , THOLAPANNAI, PADMANABAMANGALAM POST , SRIVAIGUNDAM TALUK, TUTICORIN DISTRICT.

.. Petitioner Vs.

1 THE DIRECTOR OF GEOLOGY AND MINING, GUINDY , CHENNAI.

2 THE DISTRICT COLLECTOR, TUTICORIN, TUTICORIN DISTRICT.

3 THE ASSISTANT DIRECTOR OF GEOLOGY AND MINING, TUTICORIN,TUTICORIN DISTRICT.

4 THE ASSITANT DIRECTOR, MINES AND MINERALS, COLLECTORATE OFFICE, TUTICORIN.

5 THE EXECUTIVE ENGINEER, PUBLIC WOKRS DEPARTMENT (WATER RESOURCES), TAMIRABARANI DISTRIBUTION CIRCLE, TIRUNELVELI.

6 THE CONSERVATOR OF FOREST, FOREST DEPARTMENT, PALAYAMKOTTAI, TIRUNELVELI.

7 THE MEMBER, SOUTHERN BENCH OF NATIONAL GREEN TRIBUNAL, ARUMBAKKAM, PUNTHAMALLI HIGHWAY, CHENNAI.

.. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to forthwith prevent the illegal sand mining in River Thamirabarani under the guise of desilting project in the Srivaikuntam reservoir at Thozlappanpannai Village without following the guidelines/supervision of the respondents and directed the respondents to consider the petitioner's representation dated 10.08.2015.

For Petitioner : No appearance For Respondents : Mr.M.Govindan Spl.Government Pleader

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) This writ petition has been filed by way of public interest litigation seeking a direction to the respondents to forthwith prevent the illegal sand mining in River Thamirabarani under the guise of desilting project in the Srivaikuntam reservoir at Thozlappanpannai Village without following the guidelines/supervision of the respondents and directed the respondents to consider the petitioner's representation dated 10.08.2015.

2. There is no representation for the petitioner. We have heard the learned Special Government Pleader and we have also perused the records.

3. It is brought to our notice that the matter has been seized of by the National Green Tribunal, Southern Zone, Chennai in Application No.72 of 2015 (SZ), in which, status quo order has been issued. Therefore, it is for the petitioner to work out his remedy before the National Green Tribunal. In such view of the matter, this petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1 THE DIRECTOR OF GEOLOGY AND MINING, GUINDY , CHENNAI.