Vairappan S K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.14042 of 2024 S.K.Vairappan ... Petitioner Vs.

1.The District Collector, Collectorate, 2.The District Collector, Collectorate, Thiruvarur District.

3.The Director, Mines and Minerals Department, 4.The Executive Engineer, Public Works Department (Water Resources Management), 5.The Tahsildar, Taluk Office, 1/6

Pattukottai Taluk, 6.The Block Development Officer, Pattukkottai Panchayat Union, Pattukottai Taluk, 7.The Director, Pollution Control Board, 8.The Panchayat President, Thambikkottai Vadakadu Village Panchayat, Pattukottai Taluk, Thanjavur District.

9.M/s.K.A.M.Mines and Minerals, Represented by its Proprietor, Muthukumar.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 8 to initiate appropriate measures to protect the drinking water open well situate in SR.No.72/3 Situate at Thuraikadu Village tiruvarur District from being polluted by the salty water intruding from the quarry operation done by the 9th respondent in SR No.187/1G and 200/1A, situate at Thambikkottai Vadakadu Village Pattukottai Taluk, Thanjavur District and also direct the respondents 1 to 8 to initiate appropriate enquiry pertaining to the violation in granting quarry license to the 9th respondent herein by considering petitioner's representation dated 09.07.2024.

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For Petitioner : Mr.K.Balasundaram, Senior Counsel, For M/s.KBS Law Office.

For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 to R5.

Mr.P.Thilak Kumar, Government Pleader for R6 & R8.

Mr.Ajmalkhan, Senior Counsel, For M/s.Ajmal Associates for R9.

ORDER

Heard learned senior counsel for the writ petitioner, the learned Additional Government Pleader for the official respondents and the learned senior counsel for the ninth respondent. 2.The petitioner's target is the quarry run by the ninth respondent. The learned senior counsel for the petitioner states that the quarry is located within the prohibited distance from the petition mentioned drinking water open well. Rule 36 states that the distance should be not less than 50 meters. The learned Additional Government Pleader on instructions asserts that the distance between the well and the quarry site would be 500 meters. It is clearly beyond prohibited distance. Only if 3/6

there is any statutory violation, this Water Body Bench can interfere and not otherwise.

3.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 18.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collectorate, 2.The District Collector, Collectorate, Thiruvarur District.

3.The Director, Mines and Minerals Department, 4.The Executive Engineer, Public Works Department (Water Resources Management), 4/6

5.The Tahsildar, Taluk Office, Pattukottai Taluk, 6.The Block Development Officer, Pattukkottai Panchayat Union, Pattukottai Taluk, 7.The Panchayat President, Thambikkottai Vadakadu Village Panchayat, Pattukottai Taluk, Thanjavur District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 18.07.2024 6/6