1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.12090 of 2011 and M.P.(MD)No.2 of 2011 1. T.Ukkirapandi 2. S.Ganesan 3. S.Muthuraj 4. V.Veerapandi 5. P.Muniyasami 6. G.Pakkiyalakshmi 7. Senbagavalli 8. V.Krishnasami Thevar 9. S.Thirukannan 10.Subbiah 11.S.Sankaranarayan 12.V.Murugan 13.S.Murugesan 14.V.Sangarasami .. Petitioners vs. 1.The Secretary to Government Public Works Department, Government of Tamil Nadu, Secretariat, Chennai. 2.The District Collector, Thoothukudi District, Thoothukudi. 3.The Deputy Director of Mines, Tirunelveli Region, Tirunelveli District. 4.The Chief Engineer, Vaipar Division, Thoothukudi. .. Respondents This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to close down the sand quarry in Vaipar river situated in Kottanatham Village Panchayat, Vilathikulam, Taluk, Thoothukudi District, so as to enable the public to draw drinking water regularly without facing shortage from the pumping stations which is located nearby sand quarry. For petitioners : Ms.V.Jeyarani For respondents : Mr.S.Venkatesh, Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K.N.BASHA, J) Mr. S.Venkatesh, learned Government Pleader, takes notice for the respondents. By mutual consent, the Writ Petition itself is taken up for final hearing. 2. The petitioners have come forward with this petition seeking for a direction to the respondents to close down the sand quarry in Vaipar river situated in Kottanatham Village Panchayat, Vilathikulam, Taluk, Thoothukudi District, so as to enable the public to draw drinking water regularly without facing shortage from the pumping stations which is located nearby sand quarry. 3. The learned counsel appearing for the petitioners would submit that the petitioners, who are hailing from Kottanatham Village, Vilathikulam Taluk, have come forward with this public interest litigation petition. It is contended that the respondents were carrying on sand quarrying operations without adhering to the rules and regulations of the provisions of the Minor Mineral Concession Rules and they are illegally removing the sand through out the day. It is contended that the respondents are extracting the sand to the extent of 10 metres depth and if such extraction of natural resource continues for some more days, there will not be a single bag of sand in the river and as a result, the people belonging to 40 villages in Vilathikulam Taluk could be affected for shortage of drinking water. The learned counsel for the petitioners would submit that the petitioners have also preferred a representation dated 3.2.2011 but till date no action has been taken and as such, the petitioners are constrained to approach this Court with the present Writ Petition. 4. The learned Government Pleader would submit that the petitioners have not come forward with clear and true version. It is pointed out that it is only the Public Works Department which is carrying on with the sand quarrying operation by strictly complying with the rules and regulations of the Minor Mineral Concession Rules and more particularly, the Tamil Nadu Minor Mineral Concession Rules, 1959 and they have not indulged in any illegal activities of sand quarrying. 5. This Court carefully considered the submissions put forward by either side and perused the materials available on record. 6. The fact remains that the petitioners have come forward with certain allegations against the respondents who are public servants from the P.W.D.Department. The grievance of the petitioners is that the respondents are carrying on illegal sand quarrying without following the rules and regulations of the Tamil Nadu Minor Mineral Concession Rules, 1959. 7. We are of the view that the interest of the petitioners would be protected by giving a direction to the respondents to consider the representation of the petitioners dated 3.2.2011 and 2.7.2011. Accordingly, without going into the merits of the representation of the petitioners dated 3.2.2011 and 2.7.2011, this Court is constrained to https://hcservices.ecourts.gov.in/hcservices/ 3 direct the respondents to consider such representations by affording opportunity to the petitioners and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that the petitioners shall also enclose a fresh copy of the representation dated 3.2.2011 and 2.7.2011 along with the order copy of this Court and present the same before the respondents herein. Accordingly, the Writ Petition is disposed of. The connected Miscellaneous Petition is closed. No costs. SD/- Deputy Registrar(Writs) /True copy/ Assistant Registrar To 1.The Secretary to Government Public Works Department, Government of Tamil Nadu, Secretariat, Chennai. 2.The District Collector, Thoothukudi District, Thoothukudi. 3.The Deputy Director of Mines, Tirunelveli Region, Tirunelveli District. 4.The Chief Engineer, Vaipar Division, Thoothukudi. (asvm) W.P.(MD)No.12090 of 2011 and M.P.(MD)No.2 of 2011 20.10.2011 TR : 08.11.2011 : 3p/5c https://hcservices.ecourts.gov.in/hcservices/