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Madras High CourtWP(MD)/3471/2017closed

M.Rajendran, v. The Chief Secretary ,

2022-09-13Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Rajendran ... Petitioner -vs1.The Chief Secretary Government of Tamil Nadu Fort St.George Chennai-600 009 2.The Member Secretary State Level Environmental Impact Assessment Authority, Tamil Nadu 3rd Floor, Panagal Maligai No.1, Jeenis Road Saidapet, Chennai-15 3.The Secretary Industries Department Fort St.George Chennai-600 009 4.The Secretary Finance Department Fort St.George

Chennai-600 009 5.The Secretary Revenue Department Fort St.George Chennai-620 009 6.The Secretary Public Works Department Fort St.George Chennai-600 009 7.The Director Department of Geology and Mines Guindy, Chennai-600 025 8.The Commissioner of Geology and Mining Guindy, Chennai-600 032 9.The Principal Chief Engineer and Chief Engineer Water Resources Department Public Works Department Chennai-600 005 10.The Commissioner Revenue Administration Disaster Management and Mitigation Department Chepauk, Chennai-600 005 11.The District Collector Collectorate, Karur District Karur 12.The District Collector Collectorate, Karur District Karur 13.The Executive Engineer P.W.D.RC Division, Trichy-1 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus i) to frame strict guidelines, to purchase the river sand, directly from the PWD authorities at the quarrying site itself against the sanctioned plan of his proposed building in the State of Tamil Nadu, ii) to estimate and fix the maximum quantity of sand would be needed, to complete, the construction of the sanctioned plan of the building and issue the necessary transport permit etc., to the destination, where that construction is going on, through the plan sanctioning authority, by collecting the requisite price for sand, along with the instruction such as when and where the purchaser has to go for collecting the sand.

iii) not to issue any kind of permit for the operation of stockyards for storing, processing and trading within the District limit, in which District the sand quarrying operation is directly going on by the authorities of the State of Tamil Nadu or permit the stockyard trading at

least 40K.M. away from the place of quarrying iv) to remove the artificial the pathways, pits and ponds which had been created during the course of mining, in the river Cauvery and Colleron, from Unniyur to Thandangorai for having a flood plain view to have a natural stream of river v) to implement the system of affixing holograms on transport permits as mentioned in the proceeding Re.No. 3197C02/2006 of the Commissioner of Geology and Mining dated 12.11.2010.

For Petitioner :

No appearance For Respondents :

Mr.R.Ragavendran Additional Government Pleader for R1, R3 to R13 Mr.N.Shanmugaselvam for R2

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1, 3 to 13 submitted that subsequent to the filing of this writ petition, the Government has passed G.O.

(Ms) No.4, Water Resources (I.Spl.-2) Department, dated 06.01.2022, whereby and whereunder, the petitioner's grievances have been redressed.

2. Recording the above submission of the learned Additional Government Pleader appearing for the respondents 1, 3 to 13, this writ petition is closed. No costs.

[R.M.D., J.] [J.S.N.P., J.] 13.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Secretary, Industries Department, Fort St.George, Chennai-600 009.

3.The Secretary, Finance Department, Fort St.George, Chennai-600 009.

4.The Secretary, Revenue Department, Fort St.George, Chennai-620 009.

5.The Secretary, Public Works Department, Fort St.George, Chennai-600 009.

6.The Director, Department of Geology and Mines, Guindy, Chennai-600 025.

7.The Commissioner of Geology and Mining, Guindy, Chennai-600 032.

8.The Principal Chief Engineer and Chief Engineer, Water Resources Department, Public Works Department, Chennai-600 005.

9.The Commissioner Revenue Administration Disaster, Management and Mitigation Department, Chepauk, Chennai-600 005.

10.The District Collector, Collectorate, Karur District, Karur.

11.The District Collector, Collectorate, Karur District, Karur.

12.The Executive Engineer, P.W.D.RC Division, Trichy-1.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 13.09.2022