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[Cites 1, Cited by 0]

Madras High Court

Karthikeyan vs The District Collector on 5 September, 2023

Author: P.D.Audikesavalu

Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu

                                                                                        WP No.12073 of 2023

                                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 05.09.2023

                                                            CORAM

                                  THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                              AND
                                            THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                                       WP No.12073 of 2023

                     Karthikeyan                                         : Petitioner

                                  versus

                     1.The District Collector, Villupuram District.

                     2.The Superintendent of Police, Villupuram District.

                     3.The Sub-Collector
                       Singanur Road, Jakkampet
                       Tindivanam, Villupuram District.

                     4.The Deputy Superintendent of Police
                       Gingee, Villupuram District-604 202.

                     5.The Deputy Director
                       (Dept. of Geology and Mining)
                       District Collector Office, Villupuram District.

                     6.The Tahsildar
                       Gingee Taluk, Villupuram District.

                     7.The Inspector of Police
                       Valathy Police Station, Villupuram District.

                     8.The Revenue Inspector
                       Mel Olakkur Firka, Gingee Taluk
                       Villupuram District.



                     Page 1 of 5
https://www.mhc.tn.gov.in/judis
                                                                                     WP No.12073 of 2023

                     9.The Village Administrative Officer
                       Illodu Village Gingee Taluk
                       Villupuram District.

                     10.Kavitha
                     11.Murugan                                        : Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India for issuance of
                     a Writ of Mandamus directing the respondents 1 to 6 to stop the illegal mining of
                     silt sand and clay from the Nurappanthangal Lake and in neighbouring lakes in
                     and around Illodu Village, Gingee Taluk, Villupuram District and illegal running of
                     Brick Kilns in Survey No.21/3B1A measuring 57.5 Ares (1.47 Acres) situated in
                     Illodu Village, Gingee Taluk, Villupuram District by respondents 10 and 11 and
                     consequently direct respondents 1 to 6 to take appropriate legal action against
                     respondents 10 and 11 for illegal mining of silt sand clay and illegal running of
                     Brick Kilns as per G.O.(Ms) No.135 Industries (MMA1) Department dated
                     13.11.2009 by considering the petitioner representation dated 25.02.2023 and
                     26.02.2023.


                     For the Petitioner            :     Mr.D.Raghu

                     For the Respondents           :     Mr.P.Muthukumar,
                                                         State Government Pleader,
                                                         Assisted by Mrs.R.Anitha, Spl.G.P.,
                                                         for respondents 1 to 9

                     For Respondents 10 & 11 :           Mr.T.Sai Krishnan

                                                            ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.D.Raghu, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 10 and Mr.T.Sai Krishnan, learned counsel for respondents 10 and 11.

Page 2 of 5

https://www.mhc.tn.gov.in/judis WP No.12073 of 2023

2. The petitioner seeks directions against respondents 1 to 6 to stop the illegal mining of silt sand and clay from the Nurappanthangal Lake and its neigbouring lakes, so also, illegal running of brick kilns in S.Nos.21/3B1A in Illodu Village, Gingee Taluk, Villupuram District.

3. Status report is filed by the sixth respondent for himself and on behalf of respondents 1 to 5. It is stated that appropriate proceedings in terms of Rule 36-A of Tamil Nadu Minor Mineral Concession Rules, 1959 has been initiated against respondents 10 and 11. Penalty has been imposed. Action has been taken in respect of the illegal mining of suvadu soil. First information report is also registered.

4. As action has already been initiated, no further orders are necessary.

The writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.11914 of 2023 is closed.

                                                                        (S.V.G., CJ.)                (P.D.A., J.)
                                                                                        05.09.2023
                     Index                     : Yes/No
                     Neutral Citation          : Yes/No
                     tar

                     To

1.The District Collector, Villupuram District

2.The Superintendent of Police, Villupuram District Page 3 of 5 https://www.mhc.tn.gov.in/judis WP No.12073 of 2023

3.The Sub-Collector, Singanur Road, Jakkampet Tindivanam, Villupuram District THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

4.The Deputy Superintendent of Police Gingee, Villupuram District-604 202.

5.The Deputy Director District Collector Office, Villupuram District.

6.The Tahsildar Gingee Taluk, Villupuram District.

7.The Inspector of Police Valathy Police Station, Villupuram District.

8.The Revenue Inspector Mel Olakkur Firka, Gingee Taluk Villupuram District.

9.The Village Administrative Officer Illodu Village Gingee Taluk Villupuram District.

WP No.12073 of 2023 Page 4 of 5

https://www.mhc.tn.gov.in/judis WP No.12073 of 2023 05.09.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis