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Madras High CourtWP(MD)/12320/2020disposed of

Devamooli v. The Principal Secretary,

2025-07-23Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Devamooli ... Petitioner vs.

1.The Principal Secretary, Government of Tamil Nadu, Department of Industries, Mines and Minerals, Chennai.

2.The District Collector, 3.The District Collector, Dindigul District.

4.The Superintendent of Police, Dindigul District.

5.The Superintendent of Police, 1/8

6.The District Forest Officer, Dindigul District.

7.The District Forest Officer, 8.The Assistant Director, Mines and Minerals Department, O/o.The District Collectorate, 9.The Deputy Superintendent of Police, Melur.

10.The Executive Engineer, Mullai Periyar-Vaigai Basin Section, Public Works Department, Melur, Madurai.

11.The Tahsildar, Melur Taluk, 12.The Assistant Engineer (Lines), Alakarkovil 230 / KV SS, Kallampatti, Alagarkovil, 2/8

13.The General Manager (Operation & Technical), Indian Oil Corporation Limited, Southern Region Pipelines, House of Four Frames, 6/16, Wheat Croft Road, Nungampakkam, Chennai - 600 034.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to take effective steps to prevent the illegal sand mining activity in and around the Alagarmalai Reserve Forest Area, Madurai District and Karanthamalai Reserve Forest, Sirumalai Reserve Forest, Dindigul District and also direct to take appropriate action against the erring officials in this regard. For Petitioner : Mr.B.Sekar For RR 1 to 3, 6 to 8, 10 & 11 : Mr.P.Thilak Kumar Government Pleader For RR 4, 5 & 9 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 12 : Mr.S.Deenadhayalan For R - 13 : Mr.R.Ravi 3/8

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents to take effective steps to prevent illegal sand mining activities in and around the Alagarmalai Reserve Forest Area, Madurai District as well as the Karanthamalai Reserve Forest and Sirumalai Reserve Forest, Dindigul District and also a direction to take appropriate action against the erring officials in this regard.

2.With reference to the relief sought for in the present Writ Petition, the District Forest Officer, Dindigul Division, Dindigul, has filed a counter-affidavit stating as follows:

"4.Regarding the averments made in para Nos.3 and 4 of the affidavit, it is submitted that in Alagarmalai Reserve Forest Area, medical trees and herbal plants are available. Some schedule trees are also available. In Alagarmalai Reserve Forest no permission has been granted for quarrying sands, moreover there is no illegal quarrying in Alagarmalai Reserve Forest. 4/8

Whenever it is found that there where felling of trees or anti forest activities, cases were registered against the violators and they were subjected to judicial proceedings."

3.It is needless to state that forest areas are to be protected by the officials in accordance with the provisions of the Indian Forest Act and the relevant Rules. In the event of any illegal mining operations or related activities, the authorities are bound to initiate action and prosecute the offenders in the manner known to law.

4.With these observations, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 5/8

1.The Principal Secretary, Government of Tamil Nadu, Department of Industries, Mines and Minerals, Chennai.

2.The District Collector, 3.The District Collector, Dindigul District.

4.The Superintendent of Police, Dindigul District.

5.The Superintendent of Police, 6.The District Forest Officer, Dindigul District.

7.The District Forest Officer, 8.The Assistant Director, Mines and Minerals Department, O/o.The District Collectorate, 9.The Deputy Superintendent of Police, Melur.

10.The Executive Engineer, 6/8

Mullai Periyar-Vaigai Basin Section, Public Works Department, Melur, Madurai.

11.The Tahsildar, Melur Taluk, 12.The Assistant Engineer (Lines), Alakarkovil 230 / KV SS, Kallampatti, Alagarkovil, 7/8

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 23.07.2025 8/8