Jahabar Ali v. The District Collector / Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.22143 & 22144 of 2022 Jahabar Ali ... Petitioner -vs1.The District Collector / Chairman District Rural Development Agency Pudukkottai District, Pudukkottai 2.The District Revenue Officer Pudukkottai District, Pudukottai 3.The Tahsildar Thirumayam Taluk Pudukkottai District 4.The Revenue Divisional Officer Pudukottai District Pudukottai 5.Assistant Director Department of Geology and Mining Pudukottai District, Pudukottai 6.Udhayakumar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take action against the sixth respondent based upon the representation made by the petitioner dated 29.10.2022.

For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for Mr.A.Arunprasad For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.S.RA.Ramachandran for R1 to R5 Mr.P.Ganapathi Subramanian for R6

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this public interest litigation seeking to take action against the sixth respondent for illegal quarrying operation in Nampiyan Kanmai situated in Survey No.350 of Athanoor Village, Thirumayam Taluk, Pudukkottai District, without getting any environmental clearance from the Authority concerned.

2. Learned Senior Counsel appearing for the petitioner submitted that though the petitioner submitted a representation to the official

respondents ventilating the above grievance as early as on 29.10.2022, till date no response is forthcoming.

3. Learned counsel appearing for the sixth respondent, on instructions, submitted that the sixth respondent has obtained necessary permission from the Authority concerned for removal of gravel sand to the tune of 8000 cubic meter and therefore, he has not violated any of the terms and conditions imposed by the official respondents.

4. Learned counsel for the sixth respondent further submitted that the allegation of the petitioner is that the sixth respondent is quarrying gravel sand more than the permissible limit and selling the same to the third parties. Therefore, a detailed enquiry may be conducted into the petitioner's allegation and if any irregularity is found, necessary action may be taken against the sixth respondent as per the terms and conditions of the agreement.

5. Learned Additional Advocate General appearing for the official respondents, on instructions, submitted that the District Collector, Pudukkottai District, will conduct a detailed enquiry into the allegation made

by the petitioner and if any irregularity / violation is found, necessary action will be taken in accordance with law.

6. In view of the above submissions, the first respondent is directed to conduct a detailed enquiry, based on the petitioner's representation dated 29.10.2022, after giving due opportunity to the sixth respondent, and if any irregularity / violation is found on the part of the sixth respondent as alleged by the petitioner, necessary action shall be taken against him in accordance with law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [L.V.G., J.] 22.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector / Chairman, District Rural Development Agency, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukottai.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

4.The Revenue Divisional Officer, Pudukottai District, Pudukottai.

5.The Assistant Director, Department of Geology and Mining, Pudukottai District, Pudukottai.

D.KRISHNAKUMAR , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.22143 & 22144 of 22.02.2023