Madras High Court
S. Umapathy vs The Principal Secretary To Government ... on 16 July, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16/7/2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.13133 of 2017
S. Umapathy ... Petitioner
Vs
1. The Principal Secretary to Government of Tamil Nadu
Public Works Department
Fort St. George
Chennai 600 009.
2. The District Collector
Kancheepuram District
Kancheepuram.
3. The Executive Engineer PWD WRO
District Level Engineering Officers
Kancheepuram.
4. The Deputy Director
Mines and Minerals
Kancheepuram District.
5. The Revenue Divisional Officer
Chengalpattu.
6. The Tahsildar
Chengalpattu Taluk
Chengalpattu. ... Respondents
http://www.judis.nic.in
2
Petition filed under Article 226 of the Constitution of India, praying for the
issuance of a writ of certiorarified mandamus, calling for the records of (1).
Na.Ka.No.1040/Qu2/2016, dated 25/11/2016 and (2). Na.Ka.1040/Qu/2016,
dated 9/5/2017, passed by the second respondent and quash the same and
consequently, direct the respondents to forbear the respondents from allowing
any person from any quarrying activities in the Othivakkam lake.
For petitioner ... Mr.V.J.Arulraj
For respondents ... Mr.E.Manoharan
Additional Government Pleader
-----
ORDER
(Order of the Court was made by Subramonium Prasad,J) Petitioner, is a resident of Othivakkam Village, Kannivakkam Post, Guduvanchery, via, Chengalpattu Taluk, Kancheepuram District, has filed the instant writ petition, to quash the orders passed by the District Collector, Kancheepuram District, second respondent, in (1). Na.Ka.No.1040/Qu2/2016, dated 25/11/2016 and (2). Na.Ka.1040/Qu/2016, dated 9/5/2017, respectively, and consequently, to forbear the respondents, from allowing any person, from any quarrying activities, in Othivakkam lake.
http://www.judis.nic.in 3
2. Petitioner states that Othivakkam lake, in Othivakkam village measuring about 23-15-0 hectares, is the only source of water for four villages.
In November 2016, some people started digging mud/red sand, under the pretext of de-silting the lake. A detailed representation has been given to the respondents and also to the Member Legislative Assembly, demanding stoppage of work. Despite the protest, the Contractor, threatened the villagers and dug away tonnes and tonnes of mud/red sand using JCB heavy machineries like L & T. When enquiries were made, it was found that the District Collector, Kancheepuram, had issued an order, dated 25/11/2016, for mining of red sand and by order, dated 9/5/2017, extended the time limit, for removal of excess earth, deepening and de-silting operations. Hence, the petitioner has come forward with the present writ petition, praying for the relief as stated therein.
3. Heard Mr.V.J.Arulraj, learned counsel for the petitioner and Mr.E.Manoharan, learned Additional Government Pleader for the respondents.
4. Mr.E.Manoharan, learned Additional Government Pleader appearing for the respondents would submit that Othivakkam tank is under the control of P.W.D. The tank has a common area of 77.29 hectares. The District Collector, Kancheepuram District, second respondent, vide proceeding, in http://www.judis.nic.in 4 Na.Ka.No.1040/Q2/2016, dated 25/11/2016, approved the process of de-silting and strengthening of tank bund. Removal of excess earth and deepening of tank bed, in Othivakkam tank was temporarily stopped, due to Varadha cyclone, during 2016. Keeping this in mind, on 9/5/2017, the District Collector, Kancheepuram District extended the time limit, for removal of excess earth and deepening and de-silting operations.
5. On 12/7/2019, we directed the State Government, to submit a status report. Accordingly, Executive Engineer PWD/WRD, Lower Palar Basin Division, Kancheepuram, has filed a status report, dated 23/5/2017. Relevant portion of the status report reads as under:-
“3. This respondent respectfully submits that the Othivakkam tank is a Public Works Department irrigation tank with a common area of 77.29 hectares. As per the proceedings of District Collector, Kancheepuram, second respondent, it was permitted to remove the excess earth dumped after desilting and strengthening of tank bund (temporary flood restoration works) during monsoon floods 2015 vide the District Collector, Proceeding in Na.Ka.No.1040/Q2/2016, dated 25/11/2016. Based on this order, it was about to start the removal of excess earth and deepening of tank bed in Othivakkam tank.
http://www.judis.nic.in 5 But due to impacts of Vardha cyclone during 2016. the deepening and de-silting operations were halted temporarily shortly after commencing the proposed desilting and deeping works.
4. It is submitted that based on the proceedings mentioned above District Collector, Kancheepuram (second respondent) has extended the time limit for removal of excess earth and deepening and de-silting operations vide subsequent proceeding in Na.Ka.No.1040/Q2/2016 dated 9/5/2017.
6. In this regard, it is humbly submitted that the petitioner claims was false. The removal of excess earth by de-silting and deepening of tank bed is carried out based on the technical and hydrological viability only up to sill or irrigation sluice for easy drawal and regulation of water for irrigation activities and augmenting the drinking purposes. This deeping operation is strictly monitored by this Department that the deepening and de-silting activities will not go deeper than the Sill (Bottom Level) of Sluices and in no places, the depth of excavation is more than 0.90 m.
8. It is repeatedly submitted that the commencing of this de-silting and deepening operations, the irrigation sluices were heavily silted up and vent way of the sluice was blocked due to siltation. Also, the tank bed was heavily silted up and the present capacity of tank was reduced tank to 18% in compression to the http://www.judis.nic.in 6 original capacity of 2.82 million cubic feet. Hence, it is technically and logically imperative to comfort this deeping and desilting work. By comfort on this work in combination of quarry operation will also augment the storage capacity in addition to the saving to the exchequer as well as generate revenue by seniorage charge.
9. It is also submitted that by this work of desilting and deepening operations, the blocked sluices vent was cleared and eased for drawal of water from tank to the ayacut portion, the tank earthern bund was strengthened and also the storage capacity of tank was increased at this time of prevailing severe drought conditions.
10. It is respectfully submitted that the water users and farmers of this tank also keen and encouraging for this desilting and deepening works which will enhance the storage capacity and instant their livelyhood. Due to this desilting and deepening operations, the dead storage in the deepest portion of tank will be maintained (during summer) which will be useful for ground water recharge of surrounding areas and for feeding the cattles during this drought period and also act as eco system balances.
11. Hence, it is humbly submitted that the removal of excess earth from Othivakkam tank by desilting and deepening operations is not carried out illegally and the tank was not deepened beyond http://www.judis.nic.in 7 technically and legally permitted depth. The petitioner application is baseless and motivated.”
6. In view of the status report filed by the State Government, we have no reason to disbelieve the stand of the Government. The reason given by the Collector to pass the order dated 09.05.2017 cannot be found fault with.
Accordingly, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(S.M.K.,J) (S.P.,J)
16th July 2019
mvs.
Index: Yes/no
Internet: yes/no
http://www.judis.nic.in
8
To
1. The Principal Secretary to Government of Tamil Nadu Public Works Department Fort St. George Chennai 600 009.
2. The District Collector Kancheepuram District Kancheepuram.
3. The Executive Engineer PWD WRO District Level Engineering Officers Kancheepuram.
4. The Deputy Director Mines and Minerals Kancheepuram District.
5. The Revenue Divisional Officer Chengalpattu.
6. The Tahsildar Chengalpattu Taluk Chengalpattu.
http://www.judis.nic.in 9 S.MANIKUMAR,J AND SUBRAMONIUM PRASAD,J mvs/pkn.
Writ Petition No.13133 of 2017 16/7/2019 http://www.judis.nic.in