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Madras High CourtWP(MD)/20398/2025disposed of

Arockiadoss v. The District Collector

2025-07-28Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.20398 of 2025 IN WMP (MD) No.15789 &15790 of 2025 Arockiadoss ... Petitioner Vs 1.The District Collector Thanjavur District, Thanjavur.

2.The Assistant Director Geology and Mines Department, Collectorate, Thanjavur District.

3.The Tahsildar Thiruvaiyaru Taluk, Thanjavur District.

4.The Inspector of Police Maruvoor Police Station. Thanjavur District. 5.S.Manikandan ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent Nos.1 to 3 to take action against the 5th respondent for illegal sand mining in S.F.No.41/3 of Maruvoor Village, Thiruvaiyaru Taluk,

Thanjavur District, based on the petitioner's mother representation dated 23.04.2025.

For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.S.Shanmugavel, (for R1 to R3), Additional Government Pleader.

Mrs.M.Aasha (for R4) Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondents 1 to 3 to take action against the 5th respondent for illegal sand mining in S.F.No.41/3 of Maruvoor Village, Thiruvaiyaru Taluk, Thanjavur District, based on the petitioner's mother representation dated 23.04.2025. 2.The learned Additional Government Pleader on written instructions dated 27.07.2025, submitted that earlier the petitioner has also filed Writ Petition in W.P.(MD).Nos.7420, 6832 and 6834 of 2024. Wherein, this Court has considered and disposed of the same on 05.04.2024. Thereafter, a contempt petition in Cont.P.(MD).No.1810 of 2024 was also filed and an interim order was passed on 13.08.2024. pursuant to the interim order in the contempt petition dated 13.08.2024,

the respondents have initiated action and imposed a fine of Rs.47,90,664/- against the fifth respondent. The same should be paid within a period of 15 days with 24% interest. As far as further sand mining operation is concerned, the Tashildar, Thiruvaiyaru Taluk, Thanjavur District, was directed to take appropriate action against the fifth respondent.

3.The learned counsel appearing for the petitioner, however, expressed his apprehension that the complaint given by the petitioner is in the year 2024. But, till now the respondents have not initiated any action and therefore, he prayed to take action based on the present representation dated 23.04.2025.

4.The learned Government Advocate (Crl. Side) appearing for the fourth respondent submitted that based on the complaint given by the Village Administrative Officer, a criminal action has also been taken against the fifth respondent. Now the respondents have also initiated action against the fifth respondent based on the earlier representation

dated 05.02.2024 in Na.Ka.No.67/Kanimam/2024, dated 02.08.2024 . 5.Since the official respondents have initiated action against the fifth respondent, the second respondent is further directed to take appropriate action based on the present representation dated 23.04.2025. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the second respondent shall take appropriate action from further sand quarrying by the fifth respondent.

6. With the above observation, this Writ Petition is allowed. No Costs. Consequently, the connected criminal miscellaneous petitions are closed.

28.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes vsg

To 1.The District Collector Thanjavur District, Thanjavur.

2.The Assistant Director Geology and Mines Department, Collectorate, Thanjavur District.

3.The Tahsildar Thiruvaiyaru Taluk, Thanjavur District.

4.The Inspector of Police Maruvoor Police Station. Thanjavur District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY, J vsg W.P.(MD) No. 20398 of 2025 28.07.2025