Jeyapal.R v. State Of Tamilnadu, Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL R.Jeyapal ... Petitioner vs.
1.State of Tamil Nadu represented by, The Principal Secretary, Department of Geology and Mining, State Secretariat, Fort St. George, Chennai - 9.
2.The Commissioner, Department of Geology and Mining, Guindy, Chennai - 32.
3.The Deputy Director, Department of Geology and Mining, Madurai Region, (Regional Flying Squad), Madurai.
4.The District Collector, District Collectorate, Dindigul.
5.The Assistant Director, Mines and Minerals Department, Dindigul District Collectorate Complex, Dindigul.
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6.The Revenue Divisional Officer, Palani, Dindigul District.
7.The Tahsildar, Vedasandhur Taluk, Dindigul District.
8.The Village Administrative Officer, Thennambaadi Village, Dindigul District.
9.Murugan @ Muppuliyan 10.Muniyappan 11.Maayee 12.Ilango 13.Murugan 14.Balasubramani 15.Palanisamy S/o.Subaiahgoundar 16.Palanisamy S/o.Raman ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent Nos. 3 to 8 to conduct a 'Spot Inspection' by visiting the 'Illegal Sand Plants' operated by the Respondent Nos.9 to 16 and some other persons in Vedasandhur Taluk, Dindigul District as per section 24 of the Mines and Minerals (Development and Regulation) Act, 1957 and to impose 'Fine' for the violators and to shut down all the Illegal Sand Plants of the Page No.2 of 10
respondent Nos. 9 to 16 and any other illegal Sand Plants and Quarries being run in Vedasanthur Taluk, Dindigul District and shut down the same by considering the representation of the petitioner dated 17.11.2023 in accordance with law within the time stipulated by this Hon'ble Court. For Petitioner : Mr.K.Pushpavanam For Respondents : Mr.P.Thilak Kumar, Government Pleader for R1 to R8
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ('WP' for the sake of brevity) has been presented in this Court on 05.12.2023 as a 'Public Interest Litigation' ('PIL' for the sake of brevity).
2. Short facts are that PIL petitioner is concerned for what has been described as 'Illegal Sand Plants' (hereinafter 'said Plants' for the sake of brevity); that it is the case of PIL petitioner that said Plants are being run in Vedasandhur Taluk, Dindigul District inter alia by respondents 9 to 16 (to be noted, respondents 9 to 16 are private respondents); that PIL petitioner says that said Plants are discharging chemical washed waste Page No.3 of 10
water into water bodies, which affects the farmers, who are depending on said water bodies for farming activities and drinking water; that according to PIL petitioner environment and ecology is at peril; that PIL petitioner is a farmer and he is espousing the cause of fellow farmers in his area.
3. Issue notice to official respondents.
4. Mr.P.Thilak Kumar, learned Government Pleader accepts notice for respondents 1 to 8 (official respondents).
5. Owing to the narrow scope on which captioned matter turns and the trajectory the matter has taken (trajectory will be evident from what is set out infra) with the consent of both sides, main WP was taken up.
6. Before we proceed further, we make it clear that we are acutely conscious of the fact that respondents 9 to 16 (private respondents) are not before this Court and therefore, we shall be putting in an adequate safely valve qua respondents 9 to 16 in this order which will dispose of the main PIL WP.
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7. Reverting to the case on hand, learned Government Pleader submitted that seventh respondent has conducted a spot inspection and has sent a letter to the fifth respondent. In support of his contention, learned Government Pleader placed before us a communication dated 09.12.2023 bearing reference e.f.vz;.8075/2023/ m3 and a scanned reproduction of the same is as follows:
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8. The aforementioned communication speaks for itself.
9. In the light of the aforementioned communication, we deem it appropriate to dispose of the captioned WP by recording the stated position of the State making it clear that the proceedings initiated by the second respondent, which is now in the hands of fifth respondent, shall continue on its own merits and in accordance with law but by ensuring that adequate and ample opportunity is given to respondents 9 to 16 and or any other person who is to be proceeded against. To be noted, this is the safety valve which we have alluded to supra ie., safety valve qua private respondents who are not before this Court.
10. Captioned PIL WP is disposed of recording the stated position of the official respondents without expressing any view or opinion on the merits of the matter. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) 11.12.2023 Index : Yes : Yes vsm Page No.7 of 10
To 1.The Additional Secretary to Government, State of Tamil Nadu, Department of Industries, Fort St. George, Secretariat, Chennai - 9.
2.The Commissioner, Revenue Administration, Ezhilagam, Chepauk, Chennai - 32.
3.The Director, Department of Geology and Mining, SIDCO Industrial Estate, Guindy, Chennai - 32.
4.The District Collector, Collectorate, Thoothukudi District.
5.The Executive Engineer, Thamirabarani River Basin Division, PWD/WRO, Thoothukudi District.
6.The Deputy Director, Mines and Minerals, Thoothukudi, Thoothukudi District.
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7.The Tahsildar, Eral Taluk, Thoothukudi District.
8.The Village Administrative Officer, Perugulam Village, Eral Taluk, Thoothukudi District.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm ORDER MADE IN DATED : 11.12.2023 Page No.10 of 10