IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 25-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1825 of 2011 and M.P.No.1 of 2011 Rajeswari .. Petitioner. Versus 1. The District Collector, Kanchipuram District. 2.The District Revenue Officer, Kanchipuram District. 3.The Revenue Divisional Officer, Chingleput, Kanchipuram District. 4. The Tahsildar, Thirukazhukundram, Kanchipuram District. 5. The Junior Engineer, Public Works Department, Kanchipuram. 6.The Inspector of Police, Thirukazhukundram Police Station, Kanchipuram District. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, forbearing the 5th respondent his men or agents or whomsoever claiming under him with the help of other respondents from quarrying sand in the petitioner's land bearing S.No.249/1A measuring to an extent of 3 acres situated at Pakkam Village, Pandur Panchayat, Thirukazhukundram Taluk, Kanchipuram District. For Petitioner : Mr.S.Ganesh For Respondents : Mr.R.Thirugnanam (Spl.G.P) O R D E R 1. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2. As per the instructions received by the learned counsel appearing on behalf of the respondents, he had submitted that the sand quarrying in the Palar River bed at Pakkam Village, (in Pandur Panchayat), Thirukalukundram Taluk, Kanchipuram District, is carried out directly by the Government, through the Public Works Department (WRO), as per the Government Order, in G.O.Ms.No.95 (Industries), dated 1.1.2003. The implementation of the sand quarrying operation through a single Government Agency is done, as per the recommendations of the High Level Expert Committee on ecologically and environmentally safe quarrying. Based on the present status of the river and the sand deposition pattern, the approval for sand quarrying, in S.F.No.132 of Pandur Village, over an extent of 36.42.0 Hectares, was given by the District Collector, Kanchipuram, vide proceedings No.Rc.722/2009-Q1, dated 24.2.2010. 3. The learned counsel had also submitted that the quarrying operations are being carried out only in the Palar River Poramboke of Pandur Village, in S.F.No.132, over an extent of 36.42.0 Hectares, under the direct supervision of the officials of the Public Works Department, Revenue Department, Police Department, and the Mines and Minerals Department. The quarrying operations are restricted to the standard timings of 7.00 a.m. to 6.00 p.m in order to avert the possibility of causing damage to the ecology. The quarrying operations are not carried out in the night hours, after 6.00 p.m. No quarrying operations are carried out in the petitioner's patta land, bearing S.No.249/1 at Pakkam Village. 4. It has been further stated that the respondents had never entered into the property of the petitioner, in S.No.249/1A in Pakkam Village and therefore, the question of uprooting of Palymyrah trees and Mango trees does not arise. There is no violation of Article 300 A of the Constitution of India and the respondents had never attempted to deprive the petitioner of his property. He had further submitted that the quarrying operations in Pandur Village are being carried out, legally, in S.F.No.132 only. Since, the respondents had never damaged the petitioner's property, the payment of compensation to the petitioner does not arise. Further, the quarrying operations are carried out directly, by the Government, as per G.O.Ms.No.95 (Industries), dated 1.1.2003. It has also been ensured that there is enough supply of sand to the public at a reasonable rate, for the construction activities of buildings and industries. The respondents had never objected to the petitioner putting up a fence and for his having a watchman to safeguard his patta land, the Palmyrah trees and the Mango trees. Therefore, no further orders are necessary in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 5. Recording the said submission made by the learned counsel appearing on behalf of the respondents, since, no further orders are necessary, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The District Collector, Kanchipuram District. 2.The District Revenue Officer, Kanchipuram District. 3.The Revenue Divisional Officer, Chingleput, Kanchipuram District. 4. The Tahsildar, Thirukazhukundram, Kanchipuram District. 5. The Junior Engineer, Public Works Department, Kanchipuram. 6.The Inspector of Police, Thirukazhukundram Police Station, Kanchipuram District. + 1 cc to Mr. S. Ganesh, Advocate SR No.13587 + 1 cc to Government Pleader, SR No.14214 RK(CO) SR/31.3.2011 Writ Petition No.1825 of 2011 https://hcservices.ecourts.gov.in/hcservices/