Ramaraj v. The District Collector

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.17763 and 17764 of 2019 and 125 of 2023 W.P.(MD) No.21117 of 2019:

Ramaraj ... Petitioner Vs.

1.The District Collector, District Collector Office, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Taluk Office, Aruppukkotai, 1/7

5.The Assistance Director of Geology, 6.The District Environment Engineer, Tamil Nadu Pollution Control Board, No.23 Master Plan Area, Sathur Road, Collectorate, Virudhunagar - 626 002.

7.A.Saraswathi 8.M.Ravi 9.R.Sangar 10.Pandiyammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct Respondents No.1 to 5 to initiate appropriate legal proceedings against the encroachers including the Respondents No.7 to 10 and to remove the road laid inside the water bodies by encroaching Ochankulam Kanmoi and Water Irrigation Channels which are situated in Survey Numbers 11 and 38 at Kalaiyar Karisal Kulam Village, Aruppukkotai Taluk, Virudhunagar District and restore the water bodies to the original position within a stipulated time that may be fixed by this Court.

For Petitioner :

Mr.R.Karunanidhi For RR1 to 5 :

Mr.P.Thilakkumar Government Pleader For R6 :

Ms.Madhuri Donti Reddy 2/7

For RR7 to 9 :

Mr.T.Dinesh for M/s.Veera Associates W.P.(MD) No.122 of 2023:

R.Sankar ... Petitioner Vs.

1.The District Collector, District Collectorate Office, 2.The Revenue Divisional Officer, Aruppukottai RDO Office, Virudhunagar District.

3.The Assistance Director of Geology, 4.The District Environment Engineer, Tamil Nadu Pollution Control Board, No.23 Master Plan Area, Sathur Road, Collectorate, Virudhunagar - 626 002.

5.The Tahsildar, Taluk Office, Aruppukkotai, 6.The Deputy Superintendent of Police, Trichuly Range, Virudhunagar District.

7.The Block Development Officer, Trichuly Block, M.Rettiyarpatti, Virudhunagar District.

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8.R.Ramaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct Respondents No.5 to 7 to allow the petitioner to ply lorries and transport mines through adjacent patta land in Sy.No.49/6, as per the order of the 7th respondent in Na.Ka.No.A2/977/2019 dated 06.12.2019.

For Petitioner :

Mr.P.M.Vishnuvarthanan For RR1 to 3, 5 & 7:

Mr.P.Thilakkumar Government Pleader For R4 :

Ms.Madhuri Donti Reddy For R6 :

Mr.S.Ravi Additional Public Prosecutor For R8 :

No appearance COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J.] The learned Government Pleader would submit that pursuant to the interim order granted by this Court, quarrying operations are stopped. That apart, the lease period also expired. 4/7

2. In view of the above submission, the authorities must ensure that no quarrying operation is done in an illegal manner. If so, appropriate actions are to be initiated.

3. Regarding royalty and recovery of penalty, if any pending, the authorities are bound to initiate action and recover the royalty or penalty, as the case may be, by following the procedures as contemplated under the Act and Rules.

4. With the above direction these Writ Petitions stand disposed of. There shall be no order 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 5/7

To 1.The District Collector, District Collector Office, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Taluk Office, Aruppukkotai, 5.The Assistance Director of Geology, 6.The Revenue Divisional Officer, Aruppukottai RDO Office, Virudhunagar District.

7.The Deputy Superintendent of Police, Trichuly Range, Virudhunagar District.

8.The Block Development Officer, Trichuly Block, M.Rettiyarpatti, Virudhunagar District.

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S.M.SUBRAMANIAM, J.

and S.SRIMATHY, J.

abr 03.07.2025 7/7