1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WP(MD)No.6071 of 2011 and MP.Nos.1 and 2 of 2011 S.Sivasubramanian :Petitioner -Vs- 1.The District Collector, Tuticorin District, Tuticorin. 2.The Executive Engineer, Public Works Department, Vaipparu Division, Virudhunagar, Virudhunagar District. 3.The Assistant Director (Mines), District Collector's Office, Tuticorin. 4.The Revenue Divisional Officer, Kovilpatti, Tuticorin District. :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to take action against the illegal quarrying of sand in and around Ayan Rajapatti Village and Vaipparu River at Tuticorin District. For Petitioner : Mr.F.Deepak For Respondents: Mr.R.Karthikeyan,Additional Government Pleader ORDER [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition relates to an allegation of illicit quarrying of sand in and around Ayan Rajapatti Village and Vaipparu River at Tuticorin District. 2.The second respondent herein has filed a counter affidavit, wherein it is stated as follows:- "The averments made in para 4 and 5, the private agencies had quarried the sands to the maximum possible violating the norms is false. The Water Resource Department is doing the sand quarrying as per the mining rules the quarries approved by the competent authorities. The quarrying is being operated as per Mining Rule (i.e) 500 away from the drinking water sources and only an average depth of 1M quarrying is done in the quarry." 3.In view of the same, there is no further order necessary in this Writ Petition. However, if the petitioner is aggrieved and he questions about the quarrying of the sand, it is always open to him to approach the Committee consisting of the following members;- "(i)Chairman : The Hon'be Mr.Justice E.Padmanabhan, Judge (Retd.) High Court, Madras. (ii)Administrative Officer: In the rank of Under Secretary to Government https://hcservices.ecourts.gov.in/hcservices/ 2 (iii)Members : (1).Mr.A.S.Kannan, District Judge (Retd.), DTP-II-2 Ex.(85) "Gokulam" No.4,GRC, Chandrakanthi Nagar, Sowripalayam Post, Coimbatore 28 Phone 94426 19197 (2).Dr.R.Nagendran, (Environmentalist), Professor, Centre for Environmental Studies, Anna University, Chennai. Phone: 98412 73080 044 – 2490 2080. (3).Dr.N.G.Anuthaman(Geologist) Assistant Professor, Centre for Water Resources, Anna University, Chennai. Phone: 98409 94542, and if any such complaint is made, it is for the said committee to consider the same and pass appropriate orders on merits and in accordance with law. With the above observation, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Tuticorin District, Tuticorin. 2.The Executive Engineer, Public Works Department, Vaipparu Division, Virudhunagar, Virudhunagar District. 3.The Assistant Director (Mines), District Collector's Office, Tuticorin. 4.The Revenue Divisional Officer, Kovilpatti, Tuticorin District. NB RP/16.09.2011/2P/5C. ORDER MADE IN W.P.(MD).No.6071 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/