V.S.Rajendrasen v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and W.M.P.(MD) Nos.20203 & 20204 of 2018 (Through Video Conferencing) V.S.Rajendrasen : Petitioner Vs.
1.The Secretary Ministry of Mines, Government of India, Shashtri Bhavan New Delhi.
2.The Secretary Ministry of Environment and Forest, New Delhi 3.The Secretary Industries (MMB.II) Department Fort St. George, Chennai.
4.The Secretary, Department of Environment and Forest, Tamilnadu.
5.The State Level Environmental Impact Assessment Authority, Rep. by its Chairman, 3rd Floor, Panagal Maaligai No.1 Jennis Road, Saidapet, Chennai 6.The Commissioner of Geology and Mining, Chennai 7.The Controller of Explosives, South Circle, Chennai 8.The Chairman Tamilnadu Pollution Control Board, Chennai 1/6
9.The District Collector Kanyakumari District 10.The Assistant Director of Geology and Mining, Kanyakumari District.
11.The Revenue Divisional Officer, Padmanabhapuram Kanyakumari District.
12.The Tahsildar, Kalkulam Taluk Padmanabhapuram Kanyakumari District.
13.The Tahsildar, Vilavancode, Kulithurai Kanyakumari District 14.The Superintendent of Police, Kanyakumari District, Nagercoil.
15.The Executive Engineer, Public Works Department/WRO Kanyakumari District.
16.R.Sankar 17.R.Karthikeyan 18.Mohammed Sherif 19.M.S.Srimaa 20.Alex Paul 21.K.Rajeswaran 22.N.Krishnavarman 23.Varkishrajkumar 24.Ramesh Vargish 25.John Peter 26.C.Gangatharan 27.C.Suresh 2/6
28.Anthiarajabai 29.G.Jusfer 30.Viyakulamuthu 31.Valsalakumari 32.S.Muthiah 33.A.Ajikumar : Respondents (R32 & R33 have been suo-motu impleaded as per the order of this Court dated 14.03.2019) PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 15 to take action (A) to reopen the vital supply channel encroached by the respondents NO.16 to 31 (b) to reopen the encroached pathway adjacent to the respondents 16 to 31 quarry (C) to reopen the encroached tanks filled with snad namely Oorkulam Tank, Puliyankulam Tank, etc.
(D) to take action against the respondents 16 to 31 for blocking the supply channel and the tanks by prosecuting them under section 8 of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007 and under section 430 and 431 of IPC (E) to take action against the respondents 16 to 29 for doing excess quarrying than the permitted extent (F) to take action against the respondents 16 to 31 for committing damages to the buildings due to excess quarrying within 300 meters of the quarry site.
(G) to take action against the authorities concern who is giving false report given by the concern authorities and to prosecute them under section 167 of IPC for giving false inspection report as to the existence of residential houses and other places of public importance within 300 meters radius as per Rule 36(1-A) (a) of the Tamil Nadu Mines and Mineals Rules 1959 and to cancel the quarry licenses granted to the respondents 16 to 31 by the 9th respondent.
For Petitioner : Mr.K.Balasubramani For Respondents : Mr.S.Jeyasingh for R1, R2 & R7 Mr.R.S.Sivaram for R3 Mr.N.Dilipkumar for R5 Mr.K.P.Krishnadoss for R9 to R15,R3,R4&R6 Special Government Pleader Mr.Bageerathan for R8 Mr.Mohammed Haneefa for R18 Ms.AL.Gandhimathi for R22 & R30 Ms.Poornima For R5, R16 & R17 Mr.D.Srinivasaraghavan for R20 3/6
Mr.M.Gnanagurunathan for R21 to R23 and R28 Mr.Muthukumarasamy for R19 Mr.M.P.Senthil for R18 Mr.T.Antony Arul raj for R24
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. He has also circulated a letter dated 30.03.2021 to the Registry.
2.In view of the said submission and letter circulated to the Registry, this writ petition is dismissed as withdrawn. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary Ministry of Mines, Government of India, Shashtri Bhavan New Delhi.
2.The Secretary Ministry of Environment and Forest, New Delhi 3.The Secretary Industries (MMB.II) Department Fort St. George, Chennai.
4.The Chairman, State Level Environmental Impact Assessment Authority, 3rd Floor, Panagal Maaligai No.1 Jennis Road, Saidapet, Chennai 4/6
6.The Commissioner of Geology and Mining, Chennai 7.The Controller of Explosives, South Circle, Chennai 8.The Chairman Tamilnadu Pollution Control Board, Chennai 9.The District Collector Kanyakumari District 10.The Assistant Director of Geology and Mining, Kanyakumari District.
11.The Revenue Divisional Officer, Padmanabhapuram Kanyakumari District.
12.The Tahsildar, Kalkulam Taluk Padmanabhapuram Kanyakumari District.
13.The Tahsildar, Vilavancode, Kulithurai Kanyakumari District 14.The Superintendent of Police, Kanyakumari District, Nagercoil.
15.The Executive Engineer, Public Works Department/WRO Kanyakumari District.
16.The Secretary, Department of Environment and Forest, Tamilnadu.
+1 CC to M/s.V.SANJEEVI, Advocate ( SR-15063[F] dated 01/04/2021 ) +1 CC to M/s.K.BALASUBRAMANI, Advocate ( SR-15064[F] dated 01/04/2021 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-15123[F] dated 01/04/2021 ) +1 CC to M/s.S.JEYASINGH, Advocate ( SR-15042[F] dated 01/04/2021 ) 5/6
+1 CC to M/s.M.GNANA GURUNATHAN, Advocate ( SR-15257[F] dated 01/04/2021 ) +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-15264[F] dated 01/04/2021 ) +1 CC to M/s.SPL GP ( SR-15329[F] dated 07/04/2021 ) +1 CC to M/s.S.BAGEERATHAN, Advocate ( SR-15412[F] dated 07/04/2021 ) Order made in Dated: 01.04.2021 RK (23.04.2021) 6P 25C 6/6