S. Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD).No. 20633 of 2015 and M.P(MD)No.1 of 2015 S.Nagarajan : Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Assistant Superintendent of Police, Pattukottai, Thanjavur District 4.The Revenue Divisional Officer, Pattukottai, Thanjavur District 5.The Tahsildar Pattukottai, Thanjavur District 6.The Inspector of Police, Athiramapattinam Police Station, Athiramapattinam, Thanjavur District 7.The Revenue Inspector Athiramapattinam Thanjavur District : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to take action against the illegal mining done by carrying sand in bullock cart from in Survey No.1 of Thokkalikadu Village, Survey Nos.9 and 12 of Chinna Avudaiyarkovil Village, Survey No.112 of Maliyakadu Village and Survey No.1 & 4 of Rajamadam Village in Aginiaru River, which is situated at Pattukottai Taluk, Thanjavur District and restore the river to its original form based on the representation of the villagers dated 30.04.2015.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.M.Govindan Spl. Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble The Chief Justice] The allegation of the petitioner is that under the guise of taking sand for domestic use, sand is being taken for commercial purposes in Bullock Carts.

2. The learned Special Government Pleader appearing for the respondents does not dispute the said incidents are occurring, but submits that action is being taken from time to time.

3. In this behalf, he has produced a letter of the local Tahsildar to the Government Pleader dated 01.12.2016 stating that 48 Bullock Carts have been seized and Rs.2,40,000/- recovered as fine.

4. The aforesaid shows that action is being taken and the respondents authorities to maintain proper vigil in this behalf.

5. The writ petition stands disposed of. No costs.

Consequently connected Miscellaneous Petition is closed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar RR To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Assistant Superintendent of Police, Pattukottai, Thanjavur District 4.The Revenue Divisional Officer, Pattukottai, Thanjavur District 5.The Tahsildar Pattukottai, Thanjavur District

6.The Inspector of Police, Athiramapattinam Police Station, Athiramapattinam, Thanjavur District 7.The Revenue Inspector Athiramapattinam Thanjavur District +1CC to Mr.B.Prasanna Vinoth, Advocate Sr.No.78303 +1CC to Spl.Government Pleader Sr.No.78965 CSL/PV/20.12.16-3p-10C Order made in W.P.(MD) No.20633 of 2015 and M.P.No.1 of 2015 Dated: 01.12.2016