1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.138 of 201` and M.P.(MD).No.1 of 2011 M.V.Muthusamy : 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. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to stop and also prevent sand quarrying in Vaigai River within the petitioner-Ladanendhal Village Panchayat area, permanently or for a specific period to be fixed by this Court. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.R.Janakiramulu, Spl.Govt.Pleader. O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents to stop and also prevent sand quarrying in Vaigai River within Ladanendhal Village Panchayat area, permanently or for a specific period to be fixed by this Court. 2.It is the case of the petitioner, who is the president of Ladanendhal Village Panchayat, Thiruppuvanam Panchayat Union, Sivagangai District, that there are 1000 houses in Ladanendhal village, which is situated on the banks of Vaigai River and there is a tank (kanmoi) in their village which is getting water through a channel from https://hcservices.ecourts.gov.in/hcservices/ 2 Vaigai River and about 400 acres of land is getting irrigated from the said tank. According to the petitioner, earlier sand was permitted to be taken through cart loads from Vaigal River from their village, without affecting the water course. However, later on, lorry loads of river sand were taken illegally, which affected the ground water level during summer season and therefore the villagers raised objections and inspite of the same, illegal quarrying of sand was not stopped. Therefore, the present writ petition is filed. 3.Learned counsel for the petitioner submitted that the petitioner submitted a representation, which was also signed by several villagers, before the District Collector on 27.08.2009 and inspite of the same, no effective step was taken to stop the illegal sand quarrying and not even a reply was given by the District Collector to the petitioner, who is the president of the village. 4.The District Collector has filed a counter affidavit. In paragraphs 6 and 7 it is sated as follows: "6.It is submitted that as stated already no permission was granted by the 2nd respondent for quarrying sand in the Ladanendhal Panchayat area and that effective steps are being taken by the respondents against illegal sand quarrying and use of pockline machines even in permission granted area and the culprits who are involved in illegal sand quarrying are also brought before the law by initiating cases against them. When that being so, the averments of the petitioner in paras 9 to 14 of the affidavit to the effect that there is illegal and indiscriminate sand quarrying in the Vaigai River within the petitioner panchayat jurisdiction and the respondents herein had not taken any hard action to prevent illegal sand quarrying is denied as false. 7.It is submitted that as a matter of fact the respondents are taking stringent action against the persons who are involved in illegal sand quarrying. The following tabular column will show about the steps taken by the respondents for preventing illegal sand quarrying and the transportation of the same. Period No. of Vehicles seized Penalty amount recovered by the Government April 2008 to March 2009 44 Vehicles Rs.12,86,606.00 April 2009 to March 2010 109 Vehicles Rs.29,87,950.00 April 2010 to Dec 2010 71 Vehicles Rs.18,48,390.00 From the above it can be clearly held that the averments of the petitioner that the respondents are not taking any steps to prevent illegal sand quarrying are false and hence the Writ Petition is to be dismissed as devoid of merits." https://hcservices.ecourts.gov.in/hcservices/ 3 5.From the perusal of the the averments made in paragraph No.7, it is evident that the respondents are taking stringent action against the persons involving in illegal sand quarrying and several vehicles have been seized and a huge amount has also been levied as penalties. Further, in paragraph 8 of the counter it is stated that as and when there are attempts by anti-social elements involved in illegal sand quarrying in any of the area, the respondents as well as the Police authorities are effectively preventing the same. The said statement of the 2nd respondent made in paragraph Nos.6,7 and 8 of his counter affidavit is recorded. 6.In view of the statement contained in the counter affidavit, as extracted above, we are satisfied that the respondents are taking effective steps in stopping and preventing illegal sand quarrying. Therefore, the grievance of the petitioner is already met, as stated by the 2nd respondent in the counter affidavit. As no permission was granted by the 2nd respondent for quarrying sand in Ladanendhal Village Panchayat area, it is for the authorities to monitor the said fact and prevent any illegal sand quarrying made by any person. 7.The writ petition, accordingly, stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To: 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. + 1 cc to The Special Government Pleader, SR No.2598 ORDER IN WP(MD)No.138/2011 & M.P.(MD)No.1 of 2011 Dated:21.01.2011 gb RJ/2.2.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/