Madras High CourtWP(MD)/190/2017allowed

Chinnamari v. State Of Tamil Nadu

2017-01-06Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.190 of 2017 Chinnamari .. Petitioner Vs.

1.State of Tamil Nadu rep. by the Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector, Sivagangai District Collector Office, Sivagangai - 630 561.

3.The Revenue Divisional Officer, R.D.O. Office, Sivagangai District, Sivagangai - 630 561.

4.The Thasildar, Sivagangai Taluk, Sivagangai District, Sivagangai - 630 561.

5.The Assistant Director, Mines and Minerals, Collectorate Office Campus, Sivagangai District - 630 561.

6.The Executive Engineer, Public Works Department (Water Resources), Periyar Basin Division, Near Collector Office, Sivagangai, Sivagangai - 630 561.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents No.1 to 6 to prevent the illegal quarrying operations of sand soil, clay soil and mud soil by private persons in P.Velankulam tank (Kanmai) situated in Survey Number:160 at P.Velankulam Village, Padamathur village

group, Sivagangai Taluk, Sivagangai District based on the Petitioner's representation dated 21.12.2016. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.D.Muruganandam, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to deter illegal quarrying operation of sand soil, clay soil, etc. from Survey No.160 at P.Velankulam Village, Sivagangai Taluk and District, by way of issuing a writ of mandamus.

2.It is averred in the petition that the petitioner is a resident of Thirupachethi Village, Sivagangai District. Further it is averred in the petition that in Survey No.160, P.Velankulam Village, illegal quarrying operation of sand is going on and for the purpose of deterring it a representation has been given on 21.12.2016 to the concerned authorities. But the concerned authorities have not taken any steps and therefore the present writ petition has been filed for getting the relief sought therein.

3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents.

4.Considering the fact that on 21.12.2016 a representation has been given by the petitioner and also considering the nature of allegation made in the petition, this Court is inclined to pass the following order.

5.In fine, this writ petition is allowed without costs and the respondents are strictly directed to look into the representation dated 21.12.2016 and take appropriate action within a period of one month.

Sd/- Assistant Registrar(crl.side) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Public Works Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.