M.Kanagaraj, v. The Secretary To Govt., Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.9584 & 9585 of 2019 M.Kanagaraj ... Petitioner vs.
1.The Secretary to Government cum Chairman, State Level Task Force to Prevent Illegal Sand Mining Industries Department, St. George, Chennai - 9.
2.The District Collector cum Chairman, State Level Task Force to Prevent Illegal Sand Mining, 3.The Assistant Director cum Member, District Level Task Force, Geology and Mining Department, Madurai.
4.The Superintendent of Police cum Member, District Level Task Force, Madurai.
1/6
5.The Deputy Superintendent of Police, Usilampatti Division, 6.Murugesan 7.Senthamarai 8.Ramya 9.Manikandan 10.Meiyakkal 11.Subburaj 12.Alagumani 13.Nadupandi 14.R.Periyasamy 15.Chandrasekar 16.Thendral Mani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take necessary action to stop and prevent large scale of illegal sand excavation that taking place in water bodies and connected lands in Usilampatti Taluk, Madurai District and to cause inspection upon the above said water bodies and ascertain the damages caused by illegal sand mining and to collect the cost of damages from the respondents 12 to 16 with appropriate action and also to initiate department proceedings against the respondents 6 to 11 for not performing their statutory duty to prevent the illegal mining activities considering the petitioner's representation dated 13.05.2019.
2/6
For Petitioner : Mr.J.Anandhan For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader For R - 5 : Mr.T.Senthil Kumar Additional Public Prosecutor For RR 6 to 11, 13 & 14 : No appearance For RR 12 & 15 : Mr.P.R.Prithviraj
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 4 to take necessary action to stop and prevent large scale of illegal sand excavation taking place in water bodies and adjoining lands in Usilampatti Taluk, Madurai District. The petitioner also seeks an inspection of the aforementioned water bodies to ascertain the damages caused by the illegal sand mining and to recover the cost of damages from the respondents 12 to 16 by taking appropriate action. Further, the petitioner seeks for initiation of departmental proceedings against the respondents 6 to 11 for their failure to perform their statutory duties in preventing the illegal mining activities, based on the petitioner's representation dated 13.05.2019.
3/6
2.The learned Government Pleader appearing on behalf of the respondents 1 to 4 submitted that based on the complaint given by the petitioner, appropriate actions have already been initiated. Encroachments have been removed from the water body, excessive quarrying operations have been stopped and further actions are initiated.
3.The concerned authorities are bound to continue the actions already initiated and to ensure that the perpetrators of the crime are punished by following due procedure.
4.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Secretary to Government cum Chairman, State Level Task Force to Prevent Illegal Sand Mining Industries Department, St. George, Chennai - 9.
2.The District Collector cum Chairman, State Level Task Force to Prevent Illegal Sand Mining, 3.The Assistant Director cum Member, District Level Task Force, Geology and Mining Department, Madurai.
4.The Superintendent of Police cum Member, District Level Task Force, Madurai.
5.The Deputy Superintendent of Police, Usilampatti Division, 5/6
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 02.07.2025 6/6