1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL WP(MD)No.10496 of 2011 and MP(MD)Nos.1 and 2 of 2011 G.Kalpana :Petitioner -Vs- 1.The Government of Tamil Nadu represented by its Principal Secretary to the Government, Industries Department, Secretariat, Chennai – 600 009. 2.The Secretary to the Government of Tamil Nadu, Environment & Forests Department, Secretariat, Chennai – 600 009. 3.The Principal Secretary to the Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 009. 4.The Tamil Nadu Pollution Control Board, represented by its Chairman, Corporate Office, 76, Anna Salai, Guindy, Chennai – 600 032. 5.The Commissioner of Geology and Mining, Office of the Department of Geology and Mining, Thiru.Vee.Ka.Industrial Estate, (Post), Guindy,Chennai – 600 032. 6.The State Level Task Force for Prevention of Illegal Mining, represented by its Member, Director of Geology and Mining, Office of the Department of Geology and Mining, Thiru.Vee.Ka.Industrial Estate, (Post), Guindy, Chennai – 600 032. 7.Tirunelveli District Level Task Force for Prevention of Illegal Mining, represented by its Chairman, the District Collector, Collectorate, Tirunelveli – 627 009. 8.The Taluk Level Task Force for Prevention of Illegal Mining, represented by its Convenor, Thasildhar, Taluk Office, S.N.High Road, Tirunelveli. 9.Thoothukudi District Level Task Force,represented by its Chairman, District Collector, Collectorate, Thoothukudi – 628 101. 10.The Taluk Level Force for Prevention of Illegal Mining, represented by its Convenor, Thasildhar, Kovilpatti Taluk, Thoothukudi District. 11.The District Environment Engineer,Tamil Nadu Pollution Control Board, 30/2, SIDCO Industrial Estate,Pettai,Tirunelveli District–627010. 12.The District Environment Engineer,Tamil Nadu Pollution Control Board, C7 and C9 SIPCOT, Industrial Complex,Millavittan,Thoothukudi–628003. https://hcservices.ecourts.gov.in/hcservices/ 2 13.The Manur Panchayat Union represented by its Commissioner, Manur Panchayat Union, Manur Block, Tirunelveli Taluk, Tirunelveli District. 14.The Kayathar Panchayat Union represented by its Commissioner, Kayatharu Block, Kovilpatty Taluk, Thoothkudi District. 15.The Assistant Director of Geology and Mining, Thoothukudi, Thoothukudi District. 16.The Assistant Director of Geology and Mining, Tirunelveli, Tirunelveli District – 627 009. 17.The Superintending Engineer, Tamil Nadu Electricity Board, Tirunelveli District – 627 011. 18.The Superintending Engineer, Tamil Nadu Electricity Board, Thoothukudi District, Thoothukudi. 19.Malai Arasan @ Murugesan :Respondents This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 18 to take necessary action against the 19th respondent and stop all unauthorised mining activities and Stone Crushing Industry in Ayyanaruthu Village, Kovilpatti Taluk, Thoothukudi District and Pirancherri Village, Tirunelveli Taluk, Tirunelveli District. For petitioner :Mr.N.Dilip Kumar For Respondent Nos.1 to 3, 5 to 10, 12, 15and 16:Mr.R.Anandharaj, Government Advocate For Respondent Nos.4,11 & 12:Mr.C.Elaman,Standing Counsel for TNPCB For Respondent Nos.13 and 14:Mr.K.Mahendran,Spl.Govt.Pleader For Respondent Nos.17 and 18:Mr.G.Kasinathadurai, Standing Counsel for TNEB ORDER (Order of the Court was made by K.N.BASHA, J) Mr.R.Anandharaj, learned Government Advocate, is appearing for Respondent Nos.1 to 3, 5 to 10, 12, 15 and 16. Respondent Nos.4, 11 and 12 are represented by Mr.C.Elaman, learned Sanding Counsel for the Tamil Nadu Pollution Control Board, Respondent Nos. 13 and 14 are represented by Mr.K.Mahendran, learned Special Government Pleader and Respondent Nos.17 and 18 are represented by Mr.G.Kasinathadurai, learned Standing Counsel for the Tamil Nadu Electricity Board. Inspite of serving notice on the 19t respondent, he refused to receive the notice. 2.The petitioner has come forward with this petition seeking for a direction to the respondents 1 to 18 to take necessary action against the 19th respondent to stop all unauthorised mining activities and Stone Crushing Industry in Ayyanaruthu Village, Kovilpatti Taluk, Thoothukudi District and Pirancherri Village, Tirunelveli Taluk, Tirunelveli District. 3.The case of the petitioner is that she is a resident of Sivakasi and she owns properties along with her husband at Pirancherri Village, Tirunelveli Taluk, Tirunelveli District as well as at Ayyanuruthu, Kovilpatti Taluk, Thoothukudi District under various survey numbers. The nineteenth respondent is carrying on illegal quarrying of minor minerals https://hcservices.ecourts.gov.in/hcservices/ 3 including rough stones from various patta lands and Government Poramboke lands situated in Ayyanuruthu Village and Pirancherri Village. He has not obtained any mining lease as per the Tamil Nadu Minor Mineral Concession Rules 1959. He has excavated huge quantity of minor minerals. He has also established an unauthorised Stone Crushing Unit in the very same place. He has not obtained any consent order from the District Environmental Engineer of the Tamil Nadu Pollution Control Board as mandated under the Air (Prevention and Control of Pollution) Act, 1981 and Tamil Nadu Air (Prevention and Control of Pollution) Rules 1983. He has also not obtained any running licence from the respective Panchayat Unions. In view of such illegal mining activities and Stone Crushing Industry, the petitioner has been put into huge sufferings and hardships. The nineteenth respondent is also using explosives unauthorisedly to blast rocks and stones causing imminent danger to windmills and agricultural activities. 4. In view of such illegal activities of the nineteenth respondent, the petitioner has preferred complaints to the authorities and also sent written representations as early as on 11.8.2011. The petitioner has also obtained information from the concerned authorities under the Right to Information Act and found, as per the information furnished to her, the nineteenth respondent has not obtained any quarry lease or granted any consent order for establishing any Stone Crushing Unit. The Assistant Director of Geology and Mining, Thoothukudi has stated in his communication dated 4.8.2011 that no quarry lease was granted in Ayyanaruthu Village, Kayathaar Block, Kovilpatti Taluk, and Executive Engineer of the Tamil Nadu Electricity Board in his communication dated 25.7.2011 has stated that no electricity connection was provided to any Stone Crushing Industry in the said village. The communication of the District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli dated 20.7.2011 discloses that the nineteenth respondent was not granted any permission for establishing Stone Crushing Industry in Pirancherri Village. Due to Stone Crushing Unit, there is a serious health hazard caused to the public which may result in respiratory disease. Inspite of all these materials, no action was taken by the respondents/authorities. Hence, the petitioner is constrained to approach this Court with the above said prayer. 5. The learned counsel appearing for the petitioner would contend that the petitioner has obtained overwhelming materials to show that the nineteenth respondent is indulging in illegal mining activities without obtaining proper permission or granting any lease by the competent authorities. It is contended that the petitioner made a representation to the respondents/authorities enclosing the communication received from the respondents/authorities to the effect that the nineteenth respondent has not been granted any permission for running Stone Crushing Unit or obtained consent from the Tamil Nadu Pollution Control Board and that no service connection was granted by the Electricity Board to the nineteenth respondent, and inspite of such overwhelming materials to the respondents/authorities, they have not taken any action against the nineteenth respondent and as such, the petitioner is constrained to approach this Court. The learned counsel for the petitioner has also placed reliance on decision of this Court in the case of M.Krishnan v. State of Tamil Nadu reported in (2007) 5 MLJ 54. 6. Heard the learned Government Advocate, learned Standing Counsel appearing for the Tamil Nadu Polluction Control Board and that of the Tamil Nadu Electricity Board on the submissions made by the learned counsel appearing for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4 7. The learned Government Advocate and Standing Counsel for the respondents have submitted that they have already sent communication to the petitioner in respect of the information sought by the petitioner regarding the permission and consent as well as electricity service connection of the nineteenth respondent herein 8. We have given our careful consideration to the submissions made by both sides and also perused the entire materials available on record including the affidavit filed by the petitioner. 9. The fact remains that the petitioner has approached this Court with the present petition by way of Public Interest Litigation. It is merely stated in the affidavit that the petitioner is affected personally due to illegal mining activities carried on by the nineteenth respondent herein without obtaining proper permission, licence or lease from the competent authorities. It is pertinent to note that the petitioner has preferred a detailed representation dated 30.7.2011 highlighting the illegal mining activities alleged to have been carried on by the nineteenth respondent herein. Though notice was sent to the nineteenth respondent, it is returned with an endorsement "refused to receive notice". It is also seen that the petitioner has taken pains to obtain information under the Right to Information Act from the authorities/the respondents to the effect that the nineteenth respondent was not granted any lease, permission or obtained consent from the Tamil Nadu Pollution Control Board for carrying on quarrying operations or to run the Stone Crushing Unit. But, unfortunately, the authorities have not taken any action on the representation made by the petitioner dated 30.7.2011. 10. In view of the same, this Court is constrained to direct the respondents 4 to 18 to consider the representation of the petitioner dated 30.07.2011 in the light of the communication dated 14.7.2011 sent by the Commissioner, Manur Panchat Union, the communication dated 15.7.2011 sent by the Deputy B.D.O., Kayathar, the communication dated 20.7.2011, sent by the District Environmental Engineer, T.N.P.C.B., Tirunelveli, the communication dated 21.7.201 sent by the Assistant Director of Geology and Mining, Thoothukudi, the communication dated 25.7.2011 sent by the Executive Engineer, TNEB, the communication dated 1.8.2011 sent by the D.E.E., TNPCB, The communication dated 2.8.2011 sent by the TNEB, Kallidaikuruchi, the communication dated 4.8.2011 sent by the Assistant Director of Geology and Mining, Thoothukudi and the communication dated 12.8.2011 from the D.E.E., TNPCB., Tirunelveli, as most of the communications have been sent as per the Right to Information Act, by affording opportunity to the petitioner as well as to the nineteenth respondent and other relevant parties and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner shall furnish a fresh copy of the representation dated 30.7.2011 and copies of the above said communications to the aforesaid respondents along an order copy of this Court within a period of 10 days from the date of receipt of order copy of this Court. The Writ Petition is disposed of accordingly. The connected Miscellaneous Petitions are closed. No costs. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 5 To: 1.Principal Secretary to the Government, The Government of Tamil Nadu, Industries Department, Secretariat, Chennai – 600 009. 2.The Secretary to the Government of Tamil Nadu, Environment & Forests Department, Secretariat, Chennai – 600 009. 3.The Principal Secretary to the Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 009. 4.The Chairman, Corporate Office, The Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai – 600 032. 5.The Commissioner of Geology and Mining, Office of the Department of Geology and Mining, Thiru.Vee.Ka.Industrial Estate, (Post), Guindy, Chennai – 600 032. 6.The Member, The State Level Task Force for Prevention of Illegal Mining, Director of Geology and Mining, Office of the Department of Geology and Mining, Thiru.Vee.Ka.Industrial Estate, (Post), Guindy, Chennai – 600 032. 7. Tirunelveli District Level Task Force for Prevention of Illegal Mining, represented by its Chairman, the District Collector, Collectorate, Tirunelveli – 627 009. 8.The Taluk Level Task Force for Prevention of Illegal Mining, represented by its Convenor, Thasildhar, Taluk Office, S.N.High Road, Tirunelveli. 9.Thoothukudi District Level Task Force, represented by its Chairman, District Collector, Collectorate, Thoothukudi – 628 101. https://hcservices.ecourts.gov.in/hcservices/ 6 10.The Taluk Level Force for Prevention of Illegal Mining, represented by its Convenor, Thasildhar, Kovilpatti Taluk, Thoothukudi District. 11.The District Environment Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli District – 627 010. 12.The District Environment Engineer, Tamil Nadu Pollution Control Board, C7 and C9 SIPCOT, Industrial Complex, Millavittan, Thoothukudi – 628 003. 13.The Commissioner, The Manur Panchayat Union Manur Panchayat Union, Manur Block, Tirunelveli Taluk, Tirunelveli District. 14.The Commissioner, The Kayathar Panchayat Union, Kayatharu Block, Kovilpatty Taluk, Thoothkudi District. 15.The Assistant Director of Geology and Mining, Thoothukudi, Thoothukudi District. 16.The Assistant Director of Geology and Mining, Tirunelveli, Tirunelveli District – 627 009. 17.The Superintending Engineer, Tamil Nadu Electricity Board, Tirunelveli District – 627 011. 18.The Superintending Engineer, Tamil Nadu Electricity Board, Thoothukudi District, Thoothukudi. +1CC to The Special Government Pleader. SR.No.37367. +1CC to Mr.N.Dilipkumar, Advocate. SR.No.37315. (asvm) RP/02.11.11/6P/21C. W.P.(MD)No.10496 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 31.10.2011 https://hcservices.ecourts.gov.in/hcservices/