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Madras High CourtWP(MD)/21041/2018disposed of

E.Natarajan, v. The District Collector,

2025-07-07Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)Nos.21041, 20976, 21374 and 18561 of 2018 and W.M.P.(MD) Nos.19234, 18844, 16420 and 19631 of 2018 W.P.(MD) No.21041 of 2018:

E.Natarajan ... Petitioner Vs.

Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District.

3.The Deputy Director, Department of Geology and Mining, Kokavakulam, Tirunelveli.

4.The Superintending Engineer, Public Works Department, WRO, Thamirabarani Basin Division, 5.The Block Development Officer, Palayamkottai Union, Tirunelveli District.

6.M.Chella Chitra 7.M.Murugaiah 1/9

8.C.Palthurai ... 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 1 to 5 to take immediate action to prevent the indiscriminate removal of sand from the Thamirabarani Basin in Thirumalai Kolunthupuram by considering the petitioner's representations dated 21.05.2018 and 01.10.2018. For Petitioner Mr.S.Rajasekar For RR1 & 3 to 5 :

Mr.P.Thilakkumar Government Pleader For R2 Mr.T.Senthilkumar Additional Public Prosecutor For R6 Mr.C.Susikumar For RR7 & 8 No appearance W.P.(MD) No.20976 of 2018:

S.Murugan ... Petitioner Vs.

Tirunelveli District, 2.The Assistant Director, Geology & Mines Department, 3.The Superintendent of Police, Tirunelveli District, 2/9

4.M.Chellachitra ... 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 1 to 3 to stop the quarry operations being done by the 4th respondent at Survey Nos.208/20 D, 209/05, 209/1A, 210/1A 3E situated at Tirumalai Kulunthupuram Village, Palayamkottai Taluk, Tirunelveli District with immediate effect and further direct the first respondent to conduct a detailed enquiry on the basis of the representation given by the petitioner dated 19.09.2018 and to take appropriate action against the fourth respondent. For Petitioner Mr.A.R.Kannappan For RR1 & 2 Mr.P.Thilakkumar Government Pleader For R3 Mr.T.Senthilkumar Additional Public Prosecutor For R4 Mr.C.Susikumar W.P.(MD) No.21374 of 2018:

V.Nallamuthu ... Petitioner Vs.

Tirunelveli District, Tirunelveli-627 009.

2.The Assistant Director (Minerals), Department of Geology and Mining, District Collectorate Campus, 3/9

3.The Tahsildar, Tirunelveli Taluk, 4.The Chairman, State Level Environment Impact Assessment Authority, III Floor Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015.

5.M.Chellachithra ... 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 1st respondent to take necessary action against the 5th respondent for violation of the conditions in quarrying the land in S.Nos.208/20D, 209/5, 209/1A, 210/1A3E in violation of the Rules and to cancel the lease agreement granted in favour of the 5th Respondent. For Petitioner Mr.T.Antony Arul Raj For RR1 to 3 Mr.P.Thilakkumar Government Pleader For R4 Mr.N.Dilipkumar For R5 Mr.C.Susikumar W.P.(MD) No.18561 of 2018:

V.Sudalai ... Petitioner Vs.

Tirunelveli District, Tirunelveli-627 009.

4/9

2.The Assistant Director, Geology and Mining, 3.The Tahsildar, Tirunelveli Taluk, 4.The Superintending Engineer, Public Works Department, Water Resource Organisation, Tamirabarani Division, Tirunelveli District-627 002.

5.The Executive Officer, Arulmigu Nachiaramman Kovil, Tirumalaikolundhupuram, Palayamkottai Taluk, Tirunelveli District.

6.Chidamparam 7.Mutiah 8.Chella Chithra ... 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 1st to 3rd respondents to cancel the quarry license given to the respondents 6 to 8 and consequently, forbear the 6th to 8th respondents from quarrying sand in S.No.208/20, 209/1, 209/5, 210/1A3 and in 206/16, 207/1A, 210/1A3A, 208/20B, 209/1C, 210/1A3C, 210/1A3G situated in Tirumalaikolundhupuram, Palayamkottai Taluk, Tirunelveli District based on petitioner's representations dated 09.07.2018 and 06.08.2018. For Petitioner Mr.S.Rajasekar For M/s.T.Lajapathi Roy Associates 5/9

For RR1 to 4 Mr.P.Thilakkumar Government Pleader For R5 Mr.R.Sethuraman For R6 Mr.C.Susikumar For RR7 & 8 No appearance COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J.] The learned Government Pleader would submit that river sand mining operations are completely stopped.

2. However, if any illegal mining operations are identified, any person may give a complaint to the competent authority and on receipt of such complaint or information, the authorities concerned are bound to initiate action and prevent illegal river sand mining operations and in the event of any failure on the part of the authority, they must be subjected to criminal proceedings and prosecution.

3. The learned Additional Public Prosecutor would submit that criminal cases are registered and trial is pending. 6/9

4. In view of the submissions made by the learned Government Pleader and the learned Additional Public Prosecutor, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 07.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District.

3.The Deputy Director, Department of Geology and Mining, Kokavakulam, Tirunelveli.

4.The Superintending Engineer, Public Works Department, WRO, Thamirabarani Basin Division, 5.The Block Development Officer, Palayamkottai Union, Tirunelveli District.

7/9

8/9

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 6.The Assistant Director (Minerals), Department of Geology and Mining, District Collectorate Campus, 7.The Tahsildar, Tirunelveli Taluk, 8.The District Collector, Tirunelveli District, Tirunelveli-627 009.

W.P(MD)Nos.21041, 20976, 21374 and 18561 of 2018 07.07.2025 9/9