Vallal Nathi Doctor v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD)No.18477 of 2021 Vallai Nathi Doctor Ambedkar Thulliya Pannaiyam Vivasayigal Nala Sangam, Rep. by its Secretary.

... Petitioner -vs1.The District Collector, Theni.

2.The Assistant Director, Geology and Mines Department, Theni District.

3.The Tahsildar, Aundipatty Taluk, Theni District.

4.P.Moorthy.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to forbear the 4th respondent from quarrying sand in S.Nos.506 and 507 of Vallal Nathi Village or in any other Proamboke Land in the said village which situate in Aundipatty Taluk, Theni District.

For Petitioner :

Mr.D.Malaichamy For Respondents :

Mr.R.Ragavendran, Additional Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the Respondents 1 to 3, to forbear the 4th respondent from quarrying sand in S.Nos.506 and 507 of Vallal Nathi Village or in any other Proamboke Land in the said Village, which situate in Aundipatty Taluk, Theni District.

2. It is the allegation of the petitioner that the 4th respondent has been quarrying the sand illegally in S.Nos.506 and 507 at Vallal Nathi Village, by making use of lorries and earth movers like JCB. If such a course is allowed, the entire farming community would be affected and the farming activities would come to a standstill since the entire sand would be quarried illegally. In this regard, the petitioner has given representation on 23.10.2017 to the respondents. Despite receipt of the same, no steps have been taken by the respondents. Hence, the petitioner has approached this Court by filing this Writ Petition as Public Interest Litigation.

3. The learned Additional Government Pleader appearing for the respondents submitted that the authorities have taken necessary action to stop the illegal quarrying operations.

4. Recording the submission of the learned Additional Government Pleader, this Writ Petition is closed granting liberty to the petitioner to approach the authority, if any illegal quarrying operations are still continuing. No costs.

Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] vsm 14.09.2022 To 1.The District Collector, Theni.

2.The Assistant Director, Geology and Mines Department, Theni District.

3.The Tahsildar, Aundipatty Taluk, Theni District.

R.MAHADEVAN , J.

and

J.SATHYA NARAYANA PRASAD, J.

vsm 14.09.2022