T. Appavu v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD) Nos.17420 and 17422 of 2019 T.Appavu ... Petitioner Vs.

1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai.

2.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Inspector General of Police (South Zone), Race Course, Reserve Line, Madurai-2.

4.The District Collector, 5.The Superintendent of Police, 6.The Deputy Superintendent of Police, Thiruchuzhi, 1/8

7.The Deputy Director (Mines and Minerals), District Collector Office Premises, 8.The Revenue Divisional Officer, Aruppukottai, 9.The Executive Engineer, Public Works Department, Gundaaru Basin, Kariapatti, 10.The Assistant Engineer, Public Works Department, Gundaaru Basin, Kariapatti, 11.The Tahsildar, Taluk Office, Thiruchuzhi, 12.The Tahsildar, Taluk Office, Kariyapatti, 13.The Inspector of Police, Thiruchuzhi Police Station, Thiruchuzhi, Virudhunagar District.

14.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District.

15.The Village Administrative Officer, Tiruchuli Village and Taluk, 16.The Village Administrative Officer, 2/8

Kilavaneri Village, Kariyapatti Taluk, 17.The Village Administrative Officer, Pallimadam Village, Tiruchuzhi Taluk, 18.Ravi @ Ravichandran 19.Chandran 20.Ramanathan 21.Selsha (Vinayan) 22.P.Kalippan 23.Muthuramalingam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 17 to take immediate action against the respondents 18 to 23 by detaining them under Goondas Act for having illegal mining done and one pretext or others in Survey Nos. Gundaaru River and neighbouring lands of Tiruchuli Taluk and Kariapatti Taluk, Virudhunagar District, in Survey No. of Pallimadam Village Survey Nos.

30/5A, 30/5B, 30/5C, 20/9B1, 30/5D, 30/1, 30/0, 20/6, 25/1, 30/9, 20/10, 20/4, 24/6, 20/9A1, 20/7, 20/8, 15/18, 18/2, 20/1, 53/3A, 53/3B, 67/4, 14/3, 20/2A, 20/2B, 20/5A, 30/8A, 20/3, 71/1, 72/1, 10/2A1, 10/2A4, 20/4, 65/1E, 20/5B, 20/9A2, 20/9B2 and lands situated at Ilapaiyur village in survey Nos. 49/1, 49/1B, 49/2, 49/3, 49/4 and 49/5, Tiruchuli Taluk, Virudhunagar district under any pretext and direct the respondents 1 to 17 to take immediate action against the respondents 18 to 23 by detaining them under Goondas Act after adopting the due process of law as they are habitual offenders and to recover Rs.

State Government to distribute the same by the State through the Tahsildar concerned at a later point of time to the victims of the illegal mining by taking census with regard of the name of the patta holders, extents of land quantum of sand quarried in those survey number and the revenue village in these two taluks.

For Petitioner :

Mr.P.Senthur Pandian For RR1, 4, 7 to 12 and 15 to 17 :

Mr.P.Thilakkumar Government Pleader For RR2, 3, 5, 6, 13 & 14 :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the writ petition is absolutely misconceived. Invoking Act 14/1982 is the decision to be taken by the Detaining Authority based on the materials available on record. However, Writ Court, in exercise of the powers of judicial review, cannot issue any direction to detain a person under Goondas Act. That apart, river sand mining has been stopped by the Government. In the event of any illegal sand mining, the authorities competent are bound to initiate action and the offenders are to be prosecuted. Thus, the Writ Petition stands dismissed. However, there shall be no order 4/8

as to costs. Consequently, connected miscellaneous petitions are closed.

[S.M.S., J.] [S.S.Y., J.] 03.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To 1.The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.

2.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Inspector General of Police (South Zone), Race Course, Reserve Line, Madurai-2.

4.The District Collector, 5.The Superintendent of Police, 6.The Deputy Superintendent of Police, Thiruchuzhi, 5/8

7.The Deputy Director (Mines and Minerals), District Collector Office Premises, 8.The Revenue Divisional Officer, Aruppukottai, 9.The Executive Engineer, Public Works Department, Gundaaru Basin, Kariapatti, 10.The Assistant Engineer, Public Works Department, Gundaaru Basin, Kariapatti, 11.The Tahsildar, Taluk Office, Thiruchuzhi, 12.The Tahsildar, Taluk Office, Kariyapatti, 13.The Inspector of Police, Thiruchuzhi Police Station, Thiruchuzhi, Virudhunagar District.

14.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District.

15.The Village Administrative Officer, Tiruchuli Village and Taluk, 6/8

16.The Village Administrative Officer, Kilavaneri Village, Kariyapatti Taluk, 17.The Village Administrative Officer, Pallimadam Village, Tiruchuzhi Taluk, 7/8

S.M.SUBRAMANIAM, J.

and S.SRIMATHY, J.

abr 03.07.2025 8/8