Gandhivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.17248 & 17249 of 2023 Gandhivel ... Petitioner Vs.

1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

4.The Executive Engineer, Public Works Department (PWD), Nangasaiyaru Basin Division, Palani, 1/6

5.The Assistant Director, Geology and Mining, 6.The Principal, Anna University - University College of Engineering, 7.The DRN Infrastructure (P) Ltd, Through its Manager, Sangu Seenivasa Reddy, No.1-170-Karnool, State of Andra Pradesh.

8.The Inspector of Police, Kannivadi Police Station, (R.8 is suo impleaded vide order of this Court dated 28.08.2023) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned license of Na.Ka.No.349/Kanimam/2022 dated 28.07.2023 issued by the first respondent to the seventh respondent for quarrying gravel at the Water body of Thethupatti Tank, situated at Survey No.426/1, Thethupatti Village, Dindigul West Taluk, Dindigul District and quash the same and consequently direct the respondents 1 to 5 to preserve that Water body of Thethupatti Tank as it is today.

For Petitioner : Mr.R.Murugappan 2/6

For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader for R.1 to R.5 & R.8 Mr.J.John Rajadurai for R.6 Mr.VR.Shanmuganathan for R.7

ORDER

Heard both sides.

2.The petitioner brought to our notice that even though it was the seventh respondent who was granted license to quarry mineral in the petition mentioned water body, unauthorised persons had illegally removed substantial quantity of sand from the said tank.

3.The matter was taken up on several occasions. A number of orders were also passed by this Bench. Pursuant to the order passed by this Court, Crime No.195 of 2023 registered on the file of Kannivadi Police Station. 4.The learned Additional Advocate General states that five persons have been identified as accused and out of them three were arrested and two have been enlarged on Anticipatory Bail. It is further stated that as many as 11 vehicles were involved and all of the have been seized. 3/6

5.The materials on record categorically establish that illicit quarrying had taken place. We therefore direct the Inspector of Police, Kannivadi Police Station to file a positive final report within a period of eight weeks from the date of receipt of a copy of this order. The jurisdictional Court will take cognizance of the same within a period of two weeks after the filing of the final report. We make it clear that this direction to file a positive report will not foreclose the defence of the accused. We are more than satisfied that a crime has been committed. But the persons who have committed the crime have not been pin-pointed by us. The Investigation Officer is directed to take appropriate steps for confiscating the vehicles involved. This shall be done as expeditiously as possible.

6.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 04.01.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 4/6

To 1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, 3.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

4.The Executive Engineer, Public Works Department (PWD), Nangasaiyaru Basin Division, Palani, 5.The Assistant Director, Geology and Mining, 6.The Inspector of Police, Kannivadi Police Station, 5/6

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA and W.M.P(MD)Nos.17248 & 17249 of 2023 04.01.2024 6/6