1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.1228 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 A.Esakki Pandi : Petitioner Vs. 1.The District Collector, Tirunelveli District. 2.The Deputy Director of Geology and Mining, Tirunelveli District. 3.The Tahsildar, Nanguneri, Tirunelveli District. 4.The Executive Engineer, Public Works Department/ Water Resource Organisation, Tamirabarani Basin Division, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorari calling for the records in impugned order Rc.No.M2/19674/2010-1, dated 26.10.2010, passed by the 1st respondent and quashing the same. For Petitioner : Mr.M.V.Venkataseshan For respondents : Mr.R.Janakiramulu, Spl.Govt.Pleader. O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] This writ petition is filed challenging the order passed by the District Collector, Tirunelveli District, dated https://hcservices.ecourts.gov.in/hcservices/ 2 26.10.2010. By the impugned order, the District Collector has granted permission to the 4th respondent to quarry sand in Pachaiyaru River in an extent of about 21 hectares. 2.The case of the petitioner is that he is a resident of Devanallur Village in Nanguneri Taluk, Tirunelveli District and he is serving as the President of North Pachaiyaru Water Sources Utilization Sangam. The grievance of the petitioner is that if sand is allowed to be quarried through poclain machines, the water course will be affected in the said river. Learned counsel for the petitioner also submitted that a Division Bench of this Court in its common order dated 02.12.2010, passed in W.P.(MD)No.11562 of 2010, etc. batch, prohibited use of poclain machines while doing sand quarrying. 3.Learned Special Government Pleader, on the other hand, submitted that the said Division Bench order dated 02.12.2010 was subsequently reviewed in Rev.Appn.No.15 of 2011, which was filed by the State Government and the very same Bench has passed an order on 15.02.2011 and, therefore, the operative portion of that order may be directed to be followed by all the respondents. 4.The operative portion of order passed in Review Application No.15 of 2011, dated 15.02.2011, reads as under: "23.For the fore-going reasons, I. Paragraph No.86(f) of the Order dated 2.12.2010 in W.P.Nos.11182 and 11562 of 2010 etc. batch is reviewed as under: "(f).In compliance with Rule 36-A Sub-Rule (6), no machinery shall be used for quarrying sand from river beds except with the permission of the Secretary to Government, Industries Department or any other authority or officer as may be authorised by him in this behalf, who may grant such permission, if use of such machinery will not be detrimental to ecology. It is further directed that not more than two poclains could be used for each quarry site for sand quarrying and loading and Poclains shall not be used after 7.00 P.M. and before 6.00 A.M. The Secretary to Government, Industries Department, or any other authority or Officer authorised by him, preferably the District Collector, has to pass a specific order in writing permitting the use of poclains indicating the number to be used not exceeding two per quarry site. As directed in Paragraph No.3(iii) of G.O. (D) No.7, Industries (MMC 1) Department, dated 11.01.2011, the District Collector should consolidate the report and send the consolidated weekly report to the Government, Industries and Public Works Department, every week for monitoring. As and when the State Level Monitoring Committee is constituted, the consolidated report has to be sent to the State Level Monitoring Committee also." https://hcservices.ecourts.gov.in/hcservices/ 3 II.In so far as the constitution of the State Level Monitoring Committee, our Order dated 22.12.2010 is modified and the State Level Monitoring Committee for River Sand and other Sand Quarrying shall be constituted as under: Chairman :TheHon'ble Mr.Justice E.PADMANABHAN, Judge (Retd.), High Court, Madras. No.11, Madha Church Road, Mandavelipakkam, Chennai-600 028. Phone:044-2464 1845, 044-2461 6003. Administrative : To be nominated by the Officer Government in the cadre of Under Secretary to Government for co- ordinating with the Chairman in the Administration of the Committee. Members : (1)Mr.A.S.Kannan, District Judge (Retd.), "Gokulam", No.4, GRC, Chandrakanthi Nagar, Sowripalayam Post, Coimbatore-28. Phone:94426 19197 (2)Dr.A.Nagenran, (Environmentalist), Professor, Centre for Environmental Studies, Anna University, Chennai. Phone:98412 73080, 044-2490 2080 (3)Dr.N.G.Anuthaman, (Geologist), Asst.Professor, Centre for Water Resources, Anna University, Chennai. Phone:98409 94542" As ordered by us earlier, the Chairman shall be paid remuneration of Rs.75,000/- per month. The District Judge (Retd.) shall be full time member and assist the Chairman in the administration of the Committee and the District Judge (Retd.) shall be paid honorarium of Rs.25,000/- per month. In so far as the members - Environmentalist/ Geologist, the Committee shall avail their services on need basis and they shall be paid honorarium on the service extended by them but not exceeding Rs.25,000/- per month. However, there is no modification in other respects in our order dated 2.12.2010 and the subsequent order 22.12.2010 as to the nature of functions and duties of the State Level Monitoring Committee. ..." https://hcservices.ecourts.gov.in/hcservices/ 4 5.Learned counsel for the petitioner submits that in the light of the Division Bench Order, dated 15.02.2011, made in Review Application No.15/2011, this writ petition may also be disposed of in terms of the said Division Bench order. 6.Recording the said submission, this writ petition is disposed of giving direction to the respondents to comply with the directions of the Division Bench, dated 15.02.2011, made in Rev.Appn.No.15 of 2011. No costs. Connected M.P.(MD)Nos.1 and 2 of 2011 are closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To: 1.The District Collector, Tirunelveli District. 2.The Deputy Director of Geology and Mining, Tirunelveli District. 3.The Tahsildar, Nanguneri, Tirunelveli District. 4.The Executive Engineer, Public Works Department/ Water Resource Organisation, Tamirabarani Basin Division, Tirunelveli District. gb rl/5c – 24.3.2011 ORDER IN WP(MD)No.1228 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 Dated:01.03.2011 https://hcservices.ecourts.gov.in/hcservices/