Madras High CourtWP(MD)/16314/2015dismissed

P. Arumuga Nainar v. The State Rep. Through Its

2016-10-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 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.16314 of 2015 P. ARUMUGA NAINAR, S/O. PONESAKKI THEVAR, 2/157 WEST STREET, NORTH THOLAPPAN PANNAI PADMANABAMANGALAM POST, SRIVAIGUNDAM TALUK, TUTICORIN DISTRICT.

... Petitioner Vs.

1 THE STATE REP. THROUGH ITS SECRETARY, SECRETARIATE, ST. GEORGE FORT CHENNAI.

2 THE DISTRICT COLLECTOR , TUTICORIN, TUTICORIN DISTRICT.

3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT(WATER RESOURCES) TAMIRABARANI DISTRIBUTION CIRCLE TIRUNELVELI.

4 THE DISTRICT REVENUE OFFICER , TUTICORIN DISTRICT, TUTICORIN.

5 THE TAHSILDAR, SRIVAIGUNDAM TALUK, TUTICORIN DISTRICT.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to forthwith constitute the State Level Monitoring Committee as per the order of this Honble Court passed in WP.No.11182/2010 dated 02.12.2010 in order to prevent the illegal sand mining in River Thamirabarani under the guise of desilting project in the Srivaikuntam Reservoir on the petitioners representation dated 20.08.2015 and to pass appropriate orders on merit within a time frame as may be fixed by this Court.

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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 1st respondent to forthwith constitute the State Level Monitoring Committee as per the order of this Honble Court passed in WP.No.11182/2010 dated 02.12.2010 in order prevent the illegal sand mining in River Thamirabarani under the guise of desilting project in the Srivaikuntam Reservoir on the petitioners representation dated 20.08.2015.

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 SECRETARY, PUBLIC WORK DEPARTMENT, SECRETARIATE, ST.GEORGE FORT, CHENNAI-9.

2 THE DISTRICT COLLECTOR, TUTICORIN, TUTICORIN DISTRICT. 3 THE EXECUTIVE ENGINEER , PUBLIC WORKS DEPARTMENT(WATER RESOURCES) TAMIRABARANI DISTRIBUTION CIRCLE,TIRUNELVELI. 4 THE DISTRICT REVENUE OFFICER, TUTICORIN, DISTRICT TUTICORIN. 5 THE TAHSILDAR, SRIVAIGUNDAM TALUK, TUTICORIN DISTRICT. +1 cc to The Special Government Pleader in SR.No.62940 CSL/SS-2/08.11.2016 :2P/7C ORDER MADE IN W.P(MD)No.16314 of 2015 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/