Madras High Court
T.S.Mani @ Kolathur Mani vs The Principal Secretary To Government ... on 28 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 1541
Bench: S.Manikumar, Subramonium Prasad
W.P.No.22637 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.08.2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.22637 of 2017
and
W.M.P.No.23742 of 2017
T.S.Mani @ Kolathur Mani ... Petitioner
Vs.
1.The Principal Secretary to Government of Tamil Nadu
Industries Mines and Quarries Minor Minerals
Department, Secretariat, St.George Fort,
Chennai – 600 009.
2.The District Collector,
Salem District, Salem-I.
3.The Assistant District,
Geology and Mining Department,
95, Sankar Nagar,
Salem District,
Salem-636007.
4.The Sub-Collector,
Revenue Department,
Mettur Division,
Mettur Dam,
Mettur Taluk,
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W.P.No.22637 of 2017
Salem District.
5.The Thasildhar,
Thasildhar office,
Mettur Dam-636401,
Salem District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the
respondents to strictly implement the conditions mentioned in G.O.(Ms)
No.50, dated 27.04.2017 issued by the Industries (MMC-1) Department of
the Government of Tamilnadu.
For Petitioner : Mr.V.Govardhanan
for Mr.R.Thirumoorthy
For Respondents : Mr.E.Manoharan
Additional Government Pleader.
ORDER
(Order of the Court was made by S.MANIKUMAR, J) Petitioner, President of Dravidar Viduthalai Kazhakam, has filed the instant writ petition for a Writ of Mandamus, directing the respondents, to strictly implement the conditions mentioned in G.O.(Ms).No.50, issued by the Industries (MMC-1) Department, Government of Tamilnadu, dated 27.04.2017.
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2. In the supporting affidavit, petitioner has contended that the Principal Secretary to the Government, Industries Department, Chennai, has issued G.O.(Ms) No.50, Industries (MMC-1) Department, on 27.04.2017, wherein it is stated that clay, silt, savudu, and gravel from the beds of tanks, channels, reservoirs in the Mettur Dam water storage area shall be removed and used for the benefit of the nearby village farmers and pot manufacturers alone and make use of the same.
3. Petitioner has further contended that, as per the siad G.O. only farmers from the following villagers are permitted to mine clay, silt, savudu, gravel and sand from Mettur Dam, for their lands, situated in the revenue villages namely, Mulakaadu, Kolathur, Konoor - left shore area, Koonaandiyur, Thinnapatti, Pannavaadi, Kaveripuram, Kottaiyur or to the revenue villages adjoining to the above revenue villages. While so, now contrary to the said G.O. apart from the farmers of the revenue villages from where desilted or the adjoining revenue villages as specified in the above G.O, hundreds of other trucks, are extracting soil and sand from the Dam area with the collusion of government officials and being transported to other districts, with business motive, to utilize the same 3/23 http://www.judis.nic.in W.P.No.22637 of 2017 for other purposes, like that of Brick Industries, defeating the very spirit of the G.O. Soil is being transported to the towns of Andhiyoor and Bhavani of Erode District and to the towns of Avinashi, Kangeyam and Darapuram of Tiruppur District and also to some other towns in neighbouring districts. Soil and sand are being allowed to be transported to the benefit of brick factory owners illegally.
4. Petitioner has further contended that the said G.O. also specifically contains the clause that the soil would not be removed beyond a depth of 1 metre whereas, the people are allowed to extract soil beyond a depth of more than 3 metres, which was caused severe damage to the poor farmers, by affecting their livelihood not to carry their agricultural in future and that the G.O., particularly directed the revenue authorities to ensure that the soil is to be taken and used only for agricultural purposes, but by using forged documents mentioning relevant survey numbers, the sand is being diverted and used for business purposes to accumulate wealth for private Industry owners. Moreover, the authorities failed to inspect the place to verify the genuineness whether the beneficiaries allowed to take the soil use the same for the 4/23 http://www.judis.nic.in W.P.No.22637 of 2017 very same survey number and purpose which was mentioned in their applications.
5. He has further contended that, without any proper permission from the respondents, hundreds of vehicles were used to smuggle soil and sand illegally. The same is carried out every day. At this juncture, it is pertinent to note that, on 09.08.2017, when other farmers and petitioner approached the respondent authority along with the local public, and requested them, to verify the permission order, for the vehicles which were allowed to take soil, from the riverbed, the respondent authority did not respond properly and gave an evasive reply.
6. He has further contended that even in the said G.O. there is also a specific clause which mentioned that no soil should be taken from the riverbed during the night time. But the same is blatantly violated and the respondent authority has failed to prevent the same to achieve the object of the said G.O. More particularly, the route on which the vehicles should pass through for quarrying the sand, has not been notified by the respondent authority and the same is not demonstrated by the 5/23 http://www.judis.nic.in W.P.No.22637 of 2017 respondent authority by not putting up a notice board or appropriate signages to that effect.
7. He has further contended that the respondents have issued the permits, without any serial number and thereby the authorities have failed to implement the abovesaid G.O. in proper manner and indirectly the authorities have helped the soil and sand mafias to accumulate their wealth by misusing the Government schemes. Though the said G.O. strictly issued imperative directions to the respondent authority, for initiating criminal action against those who have violated the terms and conditions of the said G.O., the Respondent Authority did not initiate any action against the violators so far.
8. In this regard, petitioner has sent a detailed representation to the respondent authorities and requested them to comply with the following grievances:-
i) To declare the notification as to farmers from which revenue village are permitted to take soil in lieu of the G.O. and special orders of the District Collector.6/23
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ii) To clarify whether the farmers who have been permitted to take soil have owned land in respective village which was recognized at the time of granting permission for quarrying the soil?
iii) What are all the mechanisms available with the Respondent Authority, to take action against the violators those who have taken soil beyond the depth prescribed under the G.O.?
iv) What are all the steps that have been taken by the Respondent Authority to reclaim the land at the places where the quarrying was done beyond the allowed parameters.
v) To notify the farmers about the mechanisms put in place to ensure that the Respondent Authority has issued appropriate licenses with corresponding serial numbers.
vi) To declare the list of recognised pot manufacturers.
9. For the abovesaid reasons, petitioner has made representation to the respondent authority through RPAD on 10.08.2017, wherein he has clearly documented the irregularities and illegalities that have been committed by the respondent authority and also brought to their notice that the said violations are manifestly wrong and contrary to the letter 7/23 http://www.judis.nic.in W.P.No.22637 of 2017 and spirit of the G.O. Despite his representations, the respondent authorities have not taken any action to resolve the issue. Therefore, petitioner has filed the instant writ petition, for the prayer as stated supra.
10. Per contra, Tahsildar, Mettur Taluk, Salem District/the 5th respondent herein, has filed the counter affidavit, which reads thus:-
(i) The averments contained in Para 5 are false. It is nowhere mentioned in the G.O.(Ms).No.50, Industries (M.M.C.1) Department, dated 27.04.2017 that only the nearby village farmers are permitted to use the clay, silt, savudu and gravel from the tanks chennels reservoirs in the Mettur dam reservoir area. Since, Mettur dam is the largest reservoir in Tamil Nadu with huge deposit of silt, clay, gravel, the benefits can be extended to a large number of farmers in and around Mettur Dam reservoir.
(ii) The averments contained in para 6 are false and amount to misrepresentation of facts, Mettur dam is the largest reservoir in Tamil Nadu and has water spread area of 153.457 Sq.kms and contain vast deposits of silt clay and gravel. Desilting permits were granted to farmers alone on production of Patta/Chitta copies and on further verification by the village authorities and Taluk officials. So far, 1784 farmers have been benefited from desilting of Mettur Dam of which 1742 farmers are from the villages in and around Mettur Dam. Only 42 farmers from nearby Taluks have been given permits on production and 8/23 http://www.judis.nic.in W.P.No.22637 of 2017 thorough verification of concerned Tahsildar’s certificate. Hence, it is factually incorrect to state that silt was transported to other districts in huge quantity. With huge levels of silt, Mettur reservoir can cater to the needs of farmers not just in surrounding villages, but even beyond.
(iii) Appendix Notification to G.O.(Ms)No.50, dated 27.04.2017, mentions the depth shall not be more than one metre in depth so as not to expose porous strata. In case of Mettur reservoir which is 83 years old, the silt/clay deposits are huge and form vast undulating terrain.
Removal of silt/ clay in reservoir area was done following the instruction laid out in the G.O.and nowhere is the porous strata exposed. Only the silt deposits have been extracted. Removal of silt/clay has been done under continous and cautious watch of the PWD officials daily so as not to exceed the specified depth.
(iv) Petitioner’s use of words such as sand and soil interchangeably and loosely reflects the lack of understanding of the genuine on-field implementation of the G.O. Permits are accorded by the Tahsildar, after careful scrutiny of patta/chitta copies of the applicant and verified by VAO of the village in which applicant owns the farm land. It is pertinent to mention that permit issue registers are maintained in all VAO offices and Taluk, office to ensure the genuineness of the permits and that revenue and agriculture/horticulture officers were conducted surprise field inspections, to ensure that applicants use the silt in the designated survey numbers and for designated purpose. It is pertinent also to mention that vehicles have been seized in and around Mettur which transported silt without valid permits by conducting surprise raids and 9/23 http://www.judis.nic.in W.P.No.22637 of 2017 appropriate action is being taken as against the same.
(v) Transportation of silt/clay happened only after due procedure of application verification and legal permits. The fact that in Mettur Dam alone 1784 farmers extracted 73936 units of silt/clay amounting to 209386.75 cubic metre reflects the fool proof and elaborate mechanism put in place to ruleout any wrongdoing. It is wrong to say that, the respondents didn’t pay attention to the issue raised by petitioner. On the contrary, when the petitioner conducted a public meeting in Moolakadu Village, Mettur Taluk on 08.08.2017 and resorted to unlawful blocking of vehicles, the 4th respondent (i.e) Sub Collector, Mettur invited the petitioner for detailed discussion on the issue. It is pertinent to mention that the petitioner met the Sub Collector, Mettur and was given clarification on all the issues concerning de-silting.
(vi) No desilting took place beyond designated time limit of 7 a.m. to 5 p.m. District Gazette of Salem, published on 04.05.2017 detailed the locations in Mettur Dam water spread in which desilting was allowed. Permits are issued in triplicate and numbered serially petitioner’s copy, VAO Copy and Spot officer copy to ruleout any misuse. Also issue register are maintained at the desilting spots by PWD in addition to Taluk Office, and Village registers.
(vii) As has been amply discussed in foregoing paragraphs, Mettur Dam de-silting has been conducted with due regard to the letter and spirit of the G.O. From District Gazette Notification notifying the spots for desilting to issuance of permits based on proper verification by revenue authorities to daily monitoring and reporting of desilting by 10/23 http://www.judis.nic.in W.P.No.22637 of 2017 PWD and revenue officials to impose fine on illegal transporters all necessary steps were put in place to ensure that farmers reep huge benefits from the vast amount of silt deposited in Mettur reservoir area.
(viii) The fact that the 4th respondent personally invited the petitioner to the Sub Collector Office, Mettur, to answer and clarify on the implementation of the G.O. shows the proactive approach of the respondents in implementing the G.O. Mettur Dam desilting which began on 28.05.2017, received good response from the farming community. The fact that 1784 farmers benefited from the G.O. till now shows the transparent, effective and efficient manner of implementation of the G.O. It is unfortunate that the petitioner choose to allege falsely before this Court about the responsive nature of the respondents, though he was invited by the Sub Collector, Mettur himself in the right spirit to allay the apprehensions of the petitioner on the implementation of the scheme.
(ix) Thus, G.O.(Ms)No.50 of Industries (MMC-1) Department, dated 27.04.2017, has been implemented in letter and in spirit, with earnestness there by benefiting 1784 farmers in a short spam of time and thus ensuring prosperity to the farmers and better yield of the farm lands."
11. Denying the averments made by the petitioner, the Collector, Salem District/the 2nd respondent herein, has filed a counter affidavit, which reads thus:-
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(i) Vide letter dated 20.4.2017, Engineer in Chief, Water Resources Department and Chief Engineer (General), Public Works Department, has stated that de-silting the water bodies in order to increase the storage capacity is one of the mission envisaged during the launching of the Kudimaramathu works of the irrigation tanks and channels in Tamil Nadu during march 2017. At present, storage in the tanks and reservoirs are only 10% of their original capacity and the water holding capacity have diminished by about 20% of an average due to silting up over the years. The silt deposited on the water bodies are rich in nutrients and can be applied as a good natural manure to the agricultural fields by the farmers. Hence, allowing the farmers to take earth from the beds of tanks and reservoirs freely to the requirement for the fields would be beneficial to them and also the restoration of the lost capacities of the water bodies can also be achieved indirectly.
(ii) The Government have examined the amendment proposal of the Commissioner of Geology and Mining based on the recommendation by the Engineer in Chief, Water Resources Department and Chief Engineer (General), Public Works Department, have decided to amend rule 12 (2) and 12(2A)(a) to the Tamil Nadu Minor Mineral Concession Rules, 1959 and ordered accordingly. In the said Rules, in rule 12, (1) for sub-rule (2), the following sub-rule shall be substituted, namely, “2) (a) Notwithstanding anything contained in these rules, for quarrying clay, slit, savudu and gravel from the beds of tanks, channels and reservoirs in the State (except Chennai, Kanchipuram and Tiruvallur Districts) under the control of Public works Department or Rural Development and Pachayat Raj Department, the Executive Engineer, public Work Department or the Executive Engineer of the 12/23 http://www.judis.nic.in W.P.No.22637 of 2017 Rural Development and Panchayat Raj Department, as the case may be, shall prepare the list of tanks, channels and reservoirs and submit their proposal to the District Collector for removal of clay, silt, savudu and gravel from the beds of tanks, channels and reservoirs with demarcation of eligible areas and the estimation of quantum of such mineral to be removed in respect of each area along with the conditions to be stipulated for removal of such mineral from the tanks, channels and reservoirs. The District Collector shall notify the said list in the District Gazette.
b) Any person engaged in the making of pots or any registered Pottery laborers Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) for making pots, the public for bonafide domestic purpose and the farmers for agriculture purpose be allowed to quarry clay, silt, savudu and gravel on free of chargers form the beds of tank, channels and reservoirs under the control of Public Works Department or Rural Development and Panchayat Raj Department which are notified by the District Collector in the District Gazette under this rule after obtaining permission from the District Collector for quarrying.
Provided that the dwelling place or agricultural land of the person concerned and the quarrying place shall be in the same revenue Village or in the adjoining revenue Village. For removal of the above said minerals by any person for agricultural purpose shall produce a certificate issued by the Village Administrative Officer to the effect that they are holding lands in their name or a cultivating tenant as per Adangal Register.
Provided further that the quantity of silt and clay proposed to be removed for agricultural purpose from the beds of tanks, channels and 13/23 http://www.judis.nic.in W.P.No.22637 of 2017 reservoirs shall not exceed 75 Cubic meters per acre (185 Cubic meters per Hectare) for wet lands and a quantum not exceeding 90 Cubic meters per acre (222 Cubic meters per Hectare) for dry lands once in two years. The quantity of earth, savudu and gravel proposed to be removed for other domestic purposes shall not exceed 30 cubic meters. The quantity of clay proposed to be removed for making pots shall not exceed 60 Cubic meters. Provided also that prior permission shall be obtained from the District Collector for removal of such quantity of minerals from the tanks, Channels and reservoirs and the period of permission shall not exceed 20 days. Provided also that quarrying shall be permitted only in the area demarcated by the Public Works Department or Rural Development and Panchayat Raj Department, as the case may be, and the minerals shall be loaded in the vehicles brought by the applicant by the Public Works Department or Rural Development and Panchayuat Raj Department as the case may be.
c) Any removal of mineral from these lands shall be subject to the following restrictions namely,
(i) pits shall be at a distance of at least twice the height of the bund from the toe of the bund and they shall not be more than one metre in depth (the depth shall be less, if pits one metre deep are likely to expose porous starta);
(ii) Clay, silt, Savadu and gravel shall not be carted along the tank bund unless the b8und is a recognized road or cart-track;
(iii) Bunds shall not be cut to enable to pass ;
(iv) Clay, silt, savudu and gravel removed should not be stacked on tank beds, slice or any other masonry works of the tanks and causeways or slopes of the bunds and]
(v) vehicles and carts shall not touch any portion of the 14/23 http://www.judis.nic.in W.P.No.22637 of 2017 revetment sluice or any masonry works of the tanks and cause damage to them; and (2) In sub rule ( 2 A) in clause (a) for the expression “30 cubic meters “the expression “222 cubic metre “shall be substituted: It is submitted that in G.O.Ms.No.74 Industries (MMC.l) Department dated 21.6.2017 amendments has been notified as “after obtaining permission from the Tahsildar of the Taluk concerned."
(iii) It is submitted that Silt means, “A sedimentary materials consisting of grams or particles of disintegrated rock, smaller than sand and larger than clay.” The process of removing the deposited silt is known as desilting. By desilting, farmers will be able to get more fertile soil and the ground water level will also increase once the ground water is recharged it will benefit farmers nearby.
(iv) The depth of the water bodies and storage will get reduced due to presence of the silt. The fine sediment collected at the down stream end of the reservoir normally contains the nutrients nitrogen, phosphates and potassium and this is useful for the plant growth. Such sediment is therefore is in demand by the farmers and increase the yield of crops. Accordingly, in Salem District, the list of Tanks/Lakes/Reservoirs/Channels suitable for desilting were received from the Public Works Department / Panchayat Raj / Rural Development and Corporation and the same were notified in the following Salem District Gazettes.
1. Salem District Gazette Notification No.11 dated 05.05.2017.
2. Salem District Gazette Notification No.13 dated 15.05.2017.
3. Salem District Gazette Notification No.15 dated 19.05.2017.
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4. Salem District Gazette Notification No.16 dated 31.05.2017.
5. Salem District Gazette Notification No.18 dated 16.06.2017.
(v) It is submitted that, the desilting work was inaugurated by the Hon’ble Chief Minister of Tamil Nadu in Mettur Dam as per G.O.Ms.No.50, Industries (MMC-1) Department, dated 27.4.2017, on 28.5.2017. Desilting work commenced in Mettur Dam from 01.06.2017 and 1846 farmers got benefited by desilting 2,37,491.51 cubicmetres of silt in which only 66 farmers are from neighboring Taluks. It is submitted that Mettur Dam is the largest reservoir in Tamil Nadu and has water spread area of 153.457 sq.kms and contain vast deposit of silt clay and gravel so that the benefits can be extended to a large number of farmers in and around Mettur Dam reservoir. The District administration is taking all earnest efforts to implement the scheme effectively. District Administration is giving instructions to all line department officials during the weekly and monthly mines review meetings to be vigilant to curtail illicit activities and also to take stringent action against the offenders. Since the water catchment area in Mettur Dam is filled up with water, now the desilting work is not carried out, from 28.06.2018.
(vi) The G.O.Ms.No.50, Industries (MMC-1) Department, dated 27.4.2017, allows the farmers/potters/common public to remove silt/gravel/clay/savudu free of charges from the nearby beds of tanks, channels, lake, reservoirs situated nearer to their fields to facilitate the farmers to access the water bodies easily without much difficulty, to desilt most of the waterbodies evenly and also to avoid exposure of porous strata of the water bodies. But, since Mettur Dam is the largest 16/23 http://www.judis.nic.in W.P.No.22637 of 2017 reservoir in Tamil Nadu having water spread area of 153.457 Sq.Kms with huge deposit of silt, clay, gravel the benefits can be extended to a large number of farmers in and around Mettur Dam Reservoir.
(vii) Mettur Dam is the largest reservoir in Tamil Nadu and has water spread area of 153.457 sq.kms and contain vast deposit of silt clay and gravel. Desilting permits were granted to farmers along on production of Patta/Chitta copies and on further verification by the village authorities and Taluk officials. So far, 1846 farmers have been benefited from desilting of Mettur Dam of which 1780 farmers are from the villages from in and around Mettur dam, only 66 farmers from other Taluks have applied for permission for removing silt from the Mettur Dam Reservoir. Permissions were granted on production and through verification of concerned Tahsildar's certificate. It is submitted that with huge levels of silt, Mettur Reservoir can cater to the needs of farmers not just in surrounding villages but even beyond. But this is duly monitored to prevent over exploitation by the Public Works Department. It is humbly submitted that revenue and agriculture / horticulture officials conducted surprise field inspection to ensure that applicants use the silt in the designated survey numbers and for designated purpose. It is pertinent also to mention that vehicles have been seized in and around Mettur which transported silt without valid permits by conducting surprise raids and appropriate action is being taken as against the same.
(viii) It is submitted that, the details of Vehicles seized and penalty collected in Mettur Division only for transporting sand/ soil without valid permits is as follows:-
Sl.No. Year No. of Vehicles Penalty collected
seized (in Rs.)
1 2017 181 47,51,285
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Sl.No. Year No. of Vehicles Penalty collected
seized (in Rs.)
2 2018 107 28,21,270
(ix) It is submitted that, it is factually incorrect to state that silt was transported to other districts in huge quantity. Appendix Notification G.O (Ms) No.50 mentions the depth shall not be more than one metre in depth so as not to expose porous strata. In case of Mettur reservoir which is 83 years old, the silt or clay deposits are huge and form vast undulating terrain. Removal of silt or clay in reservoir area was done following the instruction laid out in the G.O. and nowhere is porous strata exposed. Removal of silt/clay has been done under continuous and cautious watch of the P.W.D officials daily so as not to exceed the specified depth. Only the silt deposit is extracted as follows.
Sl. Year No. of farmers Quantity desilted
No.
1 2017 1,784 2,09,386.75 cubic meter
2 2018 62 28,104.76 cubic meter
(x) Petitioner use of words such as sand and soil interchangeably and loosely reflects the lack of understanding of the genuine on Field implementation of the G.O. Permits are accorded by the Tahsildar after careful scrutiny of Patta / Chitta copy of the applicant and verified by the VAO of the village in which applicant owns the farm land. It is pertinent to mention that permit issue registers are maintained in Taluk office to ensure the genuineness of the permits. It is humbly submitted that revenue and agriculture / horticulture officials conducted surprise field inspection to ensure that applicants use the silt in the designated 18/23 http://www.judis.nic.in W.P.No.22637 of 2017 survey numbers and for designated purpose. It is pertinent also to mention that vehicles have been seized in and around Mettur which transported silt without valid permits by conducting surprise raids and appropriate action is being taken as against the same.
(xi) Transportation of silt or clay happen only after due procedure of application verification and legal permits. The facts that in Mettur dam alone 1846 fanners extracted 2,37,491.51 cubicmetres of silt/clay reflects the foolproof and elaborate mechanism put in place to rule out any wrongdoing. It is not correct to say that the respondents didn’t pay attention to the issue raised by the petitioner. On the contrary when the petitioner conducted a pubic meeting in Moolakadu village in Mettur Taluk on 08.08.2017 and resorted to unlawful blocking of vehicles, the 4th respondent (i.e) Sub Collector Mettur invited the petitioner for detailed discussion on the issue. It is Pertinent to mention that the petitioner met the Sub Collector and was given clarification on all the issues concerning desilting.
(x) It is submitted that, the petitioner’s relatives/known acquaintances are used to cultivate in the lands in the catchment areas of Mettur reservoir dam during the dry session which is the main reason that the petitioners seeks to restrict the desilting by the farmers from outside villages to avoid the entry into their fields. No Desilting took place beyond designated time limit of 7.A.M to 5.P.M. The District Administration has clearly notified (1).Salem District Government Gazettee No.13 dated 15.05.2017, (2) Salem District Government Gazettee No.15 dated 19.5.2017 and (3) Salem District Government Gazettee No.16 dated 31.5.2017 detailed the locations in Mettur Dam water spread area in which desilting was allowed.
(xi) Permits are issued in triplicate and numbered serially.
19/23http://www.judis.nic.in W.P.No.22637 of 2017 Petitioners copy, VAO Copy and Spot officer copy to rule out any misuse. Also issue registers are maintained at the desilting spots by P.W.D in addition to Taluk office and village registers.
(xii) Only the silt deposits is extracted from the Mettur reservoir dam. Removal of silt/clay has been done under continuous and cautious watch of the P.W.D officials daily so as not to exceed the specified depth. As has been amply discussed in forgoing paragraghs, Mettur Dam, desilting has been conducted with due regard to the letter and spirit of the G.O and District Gazetted Notification notifying the spots for desilting to issuance of permits based on proper verification by revenue authorities to daily monitoring and reporting of desilting by P.W.D and revenue officials to imposing fine on illegal transporters. All necessary steps were put in place to ensure that farmers reep huge benefits from the vast amount of silt deposited in Mettur reservoir area. District Administrations is giving instructions to all line department officials during the weekly and monthly mines review meetings to be vigilant to curtail illicit activities and also to take stringent action on the offenders.
(xiii) The fact that the 4th Respondent personally invited the petitioner to the Sub Collector office, Mettur to explain the modus- operandi on the implementation of the G.O shows the proactive approach of the respondents in implementing the G.O.
(xiv) Thus, G.O. (Ms)No.50 of Industries (MMC.l) Department dated 27.04.2017 has been implemented in letter and in spirit with earnestness, there by benefitting 1846 farmers in a short span of time and thus ensuring prosperity to the farmers and better yield of the farm lands.
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12. Heard the learned counsel for the parties and perused the materials available on record.
13. Contentions made in the counter affidavits have not been denied. In the light of the counter affidavits filed, allegation of illegal desilting of silt/clay/gravel in Mettur Dam, cannot be accepted and the prayer sought for in the writ petition, is answered. Respondents also make it clear that G.O.(Ms).No.50, Industries (MMC-1) Department, dated 27.04.2017, has been implemented in letter and spirit. Therefore, there is no need to issue any mandamus, as prayer for. Writ petition is dismissed. No Costs. Consequently, the connected writ miscellaneous petitions, is closed.
(S.M.K.,J) (S.P.,J) 28.08.2019 Index: No Internet: Yes dm 21/23 http://www.judis.nic.in W.P.No.22637 of 2017 To
1.The Principal Secretary to Government of Tamil Nadu Industries Mines and Quarries Minor Minerals Department, Secretariat, St.George Fort, Chennai – 600 009.
2.The District Collector, Salem District, Salem-I.
3.The Assistant District, Geology and Mining Department, 95, Sankar Nagar, Salem District, Salem-636007.
4.The Sub-Collector, Revenue Department, Mettur Division, Mettur Dam, Mettur Taluk, Salem District.
5.The Thasildhar, Thasildhar office, Mettur Dam-636401, Salem District.
22/23http://www.judis.nic.in W.P.No.22637 of 2017 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
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