Madras High CourtWP(MD)/15154/2017disposed of

M.Murugan, v. The District Collector

2017-09-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15154 of 2017 and W.M.P.(MD)Nos.12536, 12537 and 11972 of 2017 M.Murugan .. Petitioner Vs.

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Sub-Collector, Paramakudi, Ramanathapuram District.

3. The Assistant Director, Geology and Mining, Ramanathapuram District.

4. The Executive Engineer, PWD/Water Resource Organisation, Gundaru Basin Circle, Madurai.

5. The Assistant Geologist, (Mines), Ramanathapuram District.

6. K.Ramar .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, to direct the first respondent to forbear the sixth respondent and other licensees from quarrying River Sand on the guise of quarrying of Savudu in Kadaladi Taluk in Ramanathapuram District and consequently direct the first respondent to take appropriate action against the erring officials and licensees for having violated Tamil Nadu Minor Mineral Concession Rules 1959.

For petitioner : Mr.R.Gandhi For Respondents 1 to 5 : Mr.M.Govindan Special Government Pleader For 6th Respondent : Mr.S.Rajasekar for Mr.T.Lajapathi Roy Mr.R.Murugappan Advocate Commissioner

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed for directing the first respondent to forbear the sixth respondent from quarrying River Sand in A.Usilankulam Village, Kadaladi Taluk in Ramanathapuram District. 2.Specific allegations have been made against the sixth respondent. Survey No.179/2 has also been mentioned. This Court appointed Mr.R.Murugappan, as Advocate Commissioner. The said advocate commissioner has since filed his report dated 05.09.2017 stating that though in Survey No.179/2, there is no quarrying activity, in the surrounding areas big, deep and wide pits are seen evidencing quarrying activities.

3.The learned special Government Pleader appearing for the official respondents would submit that no license has been issued in favour of any private party authorising them to remove sand. This submission is placed on record.

4.Since we are prima facie satisfied that illegal quarrying has taken place, we direct the first respondent to take note of the report submitted by the advocate commissioner and ensure that no illegal quarrying take place in A.Usilankulam Village, Kadaladi Taluk in Ramanathapuram District.

5.With this direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitios are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

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