1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.P.(MD)Nos.7478, 7784, 8100, 7954, 8497, 8192 and 7760 of 2011 and M.P.(MD)Nos.1, 1,2,4,5, 2,3,4, 1, 1,2,3, 1 and 1 of 2011 W.P.(MD)No.7478 of 2011: M.Thangavel ... Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The District Revenue Officer, Virudhunagar District, Virudhunagar. 3.The Revenue Divisional Officer, Virudhunagar District, Virudhunagar. 4.The Superintending Engineer, Public Works Department, Virudhunagar District, Virudhunagar. 5.The Executive Engineer, Vaiparu (Irrigation), Public Works Department, Virudhunagar District, Virudhunagar. 6.The Deputy Director, Geology and Mining Department, Virudhunagar District, Virudhunagar. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from permitting sand quarry operations in Vaiparu River in Survey No.936, 1095 and 1096 of Nenmeni Village, Sattur Taluk, Virudhunagar District. For Petitioner : Mr.K.Jeganathan For Respondents : Mr.K.Chellapandian, Additional Advocate General Mr.R.Karthikeyan, AGP https://hcservices.ecourts.gov.in/hcservices/ 2 WP[MD]NO.7784 OF 2011: B.RAJA ... PETITIONER Vs 1 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT. 2 THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, LOWER VAIGAI BASIN CIRCLE, SIVAGANGAI. 3 THE ASSISTANT DIRECTOR GEOLOGY AND MINING DEPARTMENT, COLLECTORATE, SIVAGANGAI. 4 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, SARUGANIYARU BASIN DIVISION, SIVAGANGAI. 5 THE TAHSILDAR MANAMADURAI TALUK, SIVAGANGAI DIST. 6 THE DISTRICT FOREST OFFICER FOREST DEPARTMENT, SIVAGANGAI. ..RESPONDENTS PRAYER: Writ of Certiorari calling for the records of the 1st respondent in Na.Ka.M1/477/2011 dated 17/06/2011 granting permission to quarry sand in Vaigai River at theli Village, Sivagangai District pursuant to the order of the 1st respondent in Na.Ka.M1-4-2010 dated 04.02.2010 and quash the same as illegal. For Petitioner - M/s.R.R.Kannan For Respondents - Mr.K.Chellapandian AAG WP[MD]NO.8100 OF 2011: 1. S.M.ULAGANATHAN 2. N.S.V.P.V.PITCHAIMUTHU 3. P.REGURAMAN 4. S.PERIYASAMY . ..PETITIONER VS. 1. THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI. 2. THE ASSISTANT DIRECTOR OF MINES & MINERALS SIVAGANGAI DISTRICT, SIVAGANGAI. 3. THE EXECUTIVE ENGINEER, P.W.D./[WATER RESOURCES ORGANISATION] SARUGINI RIVER BASIN DIVISION, SIVAGANGAI. ...RESPONDENTS https://hcservices.ecourts.gov.in/hcservices/ 3 PRAYER: To issue a writ of certiorari to call for the records of the impugned order passed by the 1st respondent in Na.Ka.M1/477/2011 dated 17.06.2011 and quash the same as illegal. For Petitioner : M/s.C.Arul Vadivel Sekar For Respondents : Mr.K.Chellapandian AAG WP[MD]NO.7954 OF 2011: G.MAHAMUNI ...PETITIONER VS. 1. THE DISTRICT COLLECTOR, TRICHY, TRICHY DISTRICT. 2. THE ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT, R.C.SECTION, MUSIRI, TRICHY. 3. THE EXECUTIVE ENGINEER, AATRU PATHUKAPPU DIVISION, TRICHY. ...RESPONDENTS PRAYER: To issue a writ of mandamus directing the respondents to restore the river bank[Attrankarai] to its original position in S.No.427 in Aavoor Village and Panchayat. For Petitioner : M/s.Hall Mark Associates For Respondents : Mr.K.Chellapandian AAG WP[MD]NO.8497 OF 2011: M.SANJEEVI ...PETITIONER VS. 1. THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI. 2. THE ASSISTANT DIRECTOR, GEOLOGY AND MINING DEPARTMENT, COLLECTORATE, SIVAGANGAI. 3. THE EXECUTIVE ENGINEER, PWD/[WRO] SARGUNIYARU BASIN DIVISION, SIVAGANGAI. 4. THE ASSISTANT ENGINEER, PWD/[WRO] IRRIGATION SECTION NO.II, THIRUPUVANAM, SIVAGANGAI DISTRICT. ...RESPONDENTS PRAYER: To issue a writ of certiorarified mandamus calling for the records of the impugned proceedings in M1/4/2010 dated 04.02.2010 and in Na.Ka.M.1/477/2011 dated 17.06.2011 on the file of the 1st respondent, https://hcservices.ecourts.gov.in/hcservices/ 4 and quash the same as illegal, incompetent, arbitrary and without jurisdiction and consequently forbear the respondents from quarrying sand from the river beds of vaigai beds of vaigai river running along Tirupuvanam, Madapuram, Theli, Pappakudi and Ladanenthal Village of Manamadurai Taluk of Sivagangai District. For Petitioner : M/s.H.Lakshmi Shankar For Respondents : Mr.K.Chellapandian AAG WP[MD]NO.8192 OF 2011: SHEIK MOHAMMED ..PETITIONER VS. 1. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009. 2. THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI. 3. THE TAHSILDAR, MANAMADURAI TALUK, SIVAGANGAI DISTRICT, SIVAGANGAI. 4. THE CHIEF ENGINEER, WATER RESOURCES ORGANIZATION PUBILC WORKS DEPARTMENT, MADURAI -2. ...RESPONDENTS PRAYER: To issue a writ of mandamus directing the respondents herein to permanently prevent sand quarrying from the Government poramboke lands situated on the entire stretch of Southern bund of Vaigai river, within the jurisdiction of ladanendhal Village, Panchayat. For Petitioner : M/s.M.Vallinayagam For Respondents : Mr.K.Chellapandian AAG for R.Karthikeyan AGP WP[MD]NO.7760 OF 2011: S.VADIVEL ..PETITIONER VS. 1. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009. 2. THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI. https://hcservices.ecourts.gov.in/hcservices/ 5 3. THE TAHSILDAR, MANAMADURAI TALUK, SIVAGANGAI DISTRICT, SIVAGANGAI. 4. THE CHIEF ENGINEER, WATER RESOURCES ORGANIZATION PUBILC WORKS DEPARTMENT, MADURAI -2. ...RESPONDENTS PRAYER: Directing the respondents to permanently prevent sand quarrying from the Government poramboke lands situated on the entire stretch of Southern bund of Vaigai river, within the jurisdiction of ladanendhal Village, Panchayat. For Petitioner : M/s.A.Thirumurthy For Respondents : Mr.K.Chellapandian AAG for R.Karthikeyan AGP COMMON ORDER (Order of the Court was made by P.JYOTHIMANI,J.) The issue involved in all these cases are relating to the allegations of indiscriminate quarrying of sand in rivers, which resulting in either free flow of water in the rivers or obstruction of supply of drinking water, etc. 2.When such issue came before a Division Bench of this Court in a batch of Writ petitions in W.P.(MD)Nos.11182 of 2010, etc., dated 02.12.2010, the Division Bench has directed the Government to constitute a State Level Monitoring Committee for the purpose of protecting free flow of water in rivers in Tamil Nadu and also to prevent the indiscriminate quarrying of sand and other sand quarrying activities in the rivers in the entire state of Tamil Nadu. The operative portion of the order of the Division Bench is as follows: "87.Constitution of State Level Monitoring Committee for river sand and other sand quarrying: (a)There shall be a State level monitoring Committee constituted for the purpose of monitoring the adherence of the directions issued in this order and the TN MMC Rules. (b)State Level Monitoring Committee for river and other sand quarrying shall be constituted comprising of the following persons: (i)a Retired Judge of the Madras High Court shall be the Chairman; (ii)One Member Secretary shall be appointed in the Head Office; and (iii)One Retired District Judge for each Zone (Chennai Zone; Tirunelveli Zone; Coimbatore Zone; Tiruchi Zone); (iv)Expert in Water Resources Management; and (v)Environmentalist shall be the members; https://hcservices.ecourts.gov.in/hcservices/ 6 We hope that the Sate will issue necessary notification constituting the Committee preferably within a period of six months from today. While issuing notification, the Government shall also demarcate the areas for all the four zones and also indicate the names of the rivers in the respective zones. (c)The Chairman shall be paid remuneration of Rs.50,000/- per month and the members shall be paid Rs.25,000/- per month each. The tenure of the Committee shall be initially for a period of two years. The Committee shall be provided with office space in Chennai, Tirunelveli, Coimbatore and Tiruchi. The Committee is to be provided with a typist and Assistant at Head Office and Zonal Offices by providing necessary infrastructure. Adequate police protection has to be given to the Committee while visiting the sites to ensure effective monitoring. (d)After granting permission for sand quarrying in any river or tributary in the State of Tamil Nadu, the respective District Collectors shall forward a copy of the preliminary report submitted by the inspecting team and also the copy of the proceedings permitting sand quarrying. The Committee shall monitor that the sand quarrying is done in accordance with the TN MMC Rules and in compliance with the terms and conditions of the permission granted and the directions issued in this order. (e)The Committee shall monitor whether sand quarrying is done in a scientific and skilful manner. The Committee shall have power to check the transport permits issued. The Committee shall verify the accounting procedure and the quantum of load put up to the lorries. (f)Any person having grievance about illegal quarrying/excessive quarrying/non-compliance of TN MMC Rules/other directions shall prefer complaint before the Committee and the Committee shall look into the same and shall make enquiry and shall communicate with the District Collector and the Public Works Department to redress the grievance. The Committee shall collect the reports from the Zonal Committee and send a periodical report to this Court once in four months. (g)Insofar as Vaipar and Palar, pursuant to the orders of the Court already Committees have been constituted to monitor the sand quarrying. Insofar as Vaipar and Palar, State Level Monitoring Committee shall function in co-ordination with those Committees already constituted. (h)Any deviation of procedure/rule is to be brought to the notice of the District Collector for taking appropriate action. In case of inaction of the District Administration, the Committee shall bring it to the notice of the Court by filing appropriate report. (i)The Registrar Judicial has to finalise the names of the members of the Committees. The Registrar Judicial is directed to submit the list of retired District Judges in the respective areas, panel of names of experts in Water Resource Management, Environmentalists in the respective zones. Registrar Judicial shall also communicate with the High Court Registry, Universities/Institutions in getting the names of the experts. The Registrar Judicial shall also contact the individuals and obtain the willingness and submit his report giving the names, https://hcservices.ecourts.gov.in/hcservices/ 7 designations, addresses and contact numbers within a period of two weeks from today to enable this Court to pass further orders in constituting the Committee. (j)The Registry is directed to list this case on 20.12.2010 for further orders as indicated in (i). " 3.In a Review petition filed in respect of the said Division Bench order, the Division Bench has further clarified in Review Application No.15 of 2011 dated 15.02.2011 to the effect that the State Level Monitoring Committee has got various functions, including the grievance about illegal quarrying operations in rivers, etc. The operative portion of the order of the Division Bench in the Review petition is as follows: "14.Review sought for in respect of State Level Monitoring Committee: By means of common order dated 02.12.2010 under review, while sitting at Madurai Bench, we directed that there shall be a State Level Monitoring Committee constituted for river sand and other sand quarrying in the following terms: (a)There shall be a State Level Monitoring Committee constituted for the purpose of monitoring the adherence of the directions issued in this order and the TNMMC Rules. (b)State Level Monitoring Committee for river and other sand quarrying shall be constituted comprising of the following persons: (i)a Retired Judge of the Madras High Court shall be the Chairman; (ii)One Member Secretary shall be appointed in the Head Office; and (iii)One Retired District Judge for each Zone (Chennai Zone; Tirunelveli Zone: Coimbatore Zone; Tiruchi Zone). (iv)Expert in Water Resources Management; and (v)Environmentalist shall be the members. We hope that the State will issue necessary notification constituting the Committee preferably within a period of six months from today. While issuing notification, the Government shall also demarcate the areas for all the four zones and also indicate the names of the rivers in the respective zones. (c)The Chairman shall be paid remuneration of Rs.50,000/- per month and the members shall be paid Rs.25,000/- per month each. The tenure of the Committee shall be initially for a period of two years. The Committee shall be provided with office space in Chennai, Tirunelveli, Coimbatore and Tiruchi. The Committee is to be provided with a typist and Assistant at Head Office and Zonal Offices by providing necessary infrastructure. Adequate police protection has to be given to the Committee while visiting the sites to ensure effective monitoring. (d)After granting permission for sand quarrying in any river or tributary in the State of Tamil Nadu, the respective District Collectors shall forward a copy of the preliminary report submitted by the inspecting team and also the copy of the proceedings permitting sand quarrying. The Committee shall monitor that the sand qyarrying is done in accordance with the TN MMC Rules and in compliance with the terms and conditions of the permission granted and the directions issued in this order. (e)The Committee shall monitor whether sand quarrying is https://hcservices.ecourts.gov.in/hcservices/ 8 done in a scientific and skilful manner. The Committee shall have power to check the transport permits issued. The Committee shall verify the accounting procedure and the quantum of load put up to the lorries. (f)Any person having grievance about illegal quarrying/ excessive quarrying/non compliance of TN MMC Rules/other directions shall prefer complaint before the Committee and the Committee shall look into the same and shall make enquiry and shall communicate with the District Collector and the Public Works Department to redress the grievance. The Committee shall collect the reports from the Zonal Committee and send a periodical report to this Court once in four months. (g)Insofar as Vaipar and Palar, perusuant to the orders of the Court, already Committees have been constituted to monitor the sand quarrying. Insofar as Vaipar and Palar, State Level Monitoring Committee shall function in co-ordination with those Committees already constituted. (h)Any deviation of procedure/rule is to be brought to the notice of the District Collector for taking appropriate action. In case of inaction of the District Administration, the Committee shall bring it to the notice of the Court by filing appropriate Report. (i)The Registrar Judicial has to finalise the names of the members of the Committees. The Registrar judicial is directed to submit the list of retired District Judges in the respective areas, penel of names of experts in Water Resources Management, Environmentalists in the respective zones. Registrar Judicial shal also communicate with the High Court Registry, Universities/ Institutions in getting the names of the experts. The Registrar Judicial shall also contact the individuals and obtain the willingness and submit his report giving the names, designations, addresses and contact numbers within a period of two weeks from today to enable this Court to pass further orders in constituting the Committee. (j)The Registry is directed to list this case on 20.12.2010 for further orders as indicated in (i)." 4.Pursuant to the Division Bench order, the Government has issued G.O.(Ms)No.79, Industries (MMC-1) Department, dated 11.03.2011 constituting a State Level Monitoring 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 (orders will be issued separately) (iii)Members: (1)Mr.A.S.Kannan, District Judge (Retd.), DTP-II-2 Ex.(85) "Gokulam" No.4,GRC, Chandrakanthi Nagar, https://hcservices.ecourts.gov.in/hcservices/ 9 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), Asst.Professor, Centre for Water Resources, Anna University, Chennai. Phone: 98409 94542. 5.By a subsequent letter of the Principal Secretary to Government, dated 10.08.2011, it is informed that as per the direction of the Division Bench, the State Level Monitoring Committee has been constituted as per G.O.Ms.No.79 Industries (MMC-1) Department, dated 11.03.2011. That apart, it is specifically stated that in accordance with the said Government Order, the Chairman and other 3 members of the Committee assumed office from 24.03.2011. Orders have been issued for allotment of office building in Kumarasamy Raja Road, (NCB-18), Chennai, vide G.O.(D) No.106, Public Works (Y1) Department dated 17.06.2011 for functioning of State Level Monitoring Committee and the staff and other amenities are also being given. The operative portion of the letter from the Principal Secretary to Government, dated 10.08.2011 is as follows: "(i)The State Level Monitoring Committee was constituted vide G.O.Ms.No.79, Industries (MMC.1) Department, dated 11.03.2011. (ii)As per the order's issued in the G.O.Ms.No.79, Industries (MMC.1) Department, dated 11.03.2011. (iii)Order's have been issued for allotment of office building in Kumarasamy Raja Road, (NCB-18), Chennai, vide G.O.(D) No.106, Public Works (Y1) Department dated 17.06.2011 for functioning of State Level Monitoring Committee. (iv)Orders for providing required staff and other amenities is under circulation stage. 6.Therefore, it is clear that by virtue of the order of the Division Bench both in Writ petitions as well as in the Review petition, the State Level Monitoring Committee headed by the Hon'ble Retired Judge of this Court is effectively functioning in the above said place. 7.In such view of the matter, we are of the view that the grievance raised by all the Writ petitioners are to be looked into by the said Committee. It is made clear that in cases where the concerned District Collector has passed orders for the purpose of granting mining lease, even in those cases, if the complaints are made by the petitioners that such grant of lease will be affecting the free flow of water in river, it is certainly open to such Writ petitioners to ventilate their grievances before the Committee in the manner known to law. It is also made clear that the petitioners are permitted to approach the said https://hcservices.ecourts.gov.in/hcservices/ 10 Committee within a period of 2 weeks from the date of receipt of a copy of this order. Till then, in such of those cases, where the order of status quo has already been granted, shall be continued. As and when the petitioners approach the said Committee, it is for the Committee to pass appropriate orders including interim orders. All the issues including the environmental protections and other connected issues raised by the petitioners are left open to be decided by the Committee. 8.As per the letter of the Principal Secretary to Government, the Government is directed to provide staff and other amenities to the Committee immediately. 9.It is also made clear that in case any difficulty experienced by any of the petitioners or the respondents while approaching the State Level Monitoring Committee, it is always open to them to file appropriate application before the Division Bench of this Court. 10.With the above observations, the Writ petitions are disposed of. No costs. Consequently, connected M.Ps.are closed. nbj Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1. THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 2. THE DISTRICT REVENUE OFFICER, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 3. THE REVENUE DIVISIONAL OFFICER, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 4. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 5. THE EXECUTIVE ENGINEER, VAIPARU (IRRIGATION), PUBLIC WORKS DEPARTMENT, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 6. THE DEPUTY DIRECTOR, GEOLOGY AND MINING DEPARTMENT, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 7. THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT. 8. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, LOWER VAIGAI BASIN CIRCLE, SIVAGANGAI. 9. THE ASSISTANT DIRECTOR GEOLOGY AND MINING DEPARTMENT, COLLECTORATE, SIVAGANGAI. 10. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, SARUGANIYARU BASIN DIVISION, SIVAGANGAI. 11. THE TAHSILDAR, MANAMADURAI TALUK, SIVAGANGAI DISTRICT. https://hcservices.ecourts.gov.in/hcservices/ 11 12. THE DISTRICT FOREST OFFICER, FOREST DEPARTMENT, SIVAGANGAI. 13. THE ASSISTANT DIRECTOR OF MINES & MINERALS SIVAGANGAI DISTRICT, SIVAGANGAI. 14. THE DISTRICT COLLECTOR, TRICHY, TRICHY DISTRICT. 15. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, R.C.SECTION, MUSIRI, TRICHY. 16. THE EXECUTIVE ENGINEER, AATRU PATHUKAPPU DIVISION, TRICHY. 17. THE ASSISTANT ENGINEER, PWD/[WRO] IRRIGATION SECTION NO.II, THIRUPUVANAM, SIVAGANGAI DISTRICT. 18. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009. 19. THE TAHSILDAR, MANAMADURAI TALUK, SIVAGANGAI DISTRICT, SIVAGANGAI. 20. THE CHIEF ENGINEER, WATER RESOURCES ORGANIZATION, PUBILC WORKS DEPARTMENT, MADURAI -2. +1 CC TO MR.K.JEGANATHAN, ADVOCATE SR.NO.28261. W.P.(MD)Nos.7478, 7784, 8100, 7954, 8497, 8192 and 7760 of 2011 Dated:17.08.2011 11P/22C RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/