Madras High Court
Shanthi vs The Chief Secretary on 19 March, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)Nos.18744 and 18361 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)Nos.18744 and 18361 of 2019
and
W.M.P.(MD)Nos.15093, 15096, 14776 and 14777 of 2019
W.P.(MD)No.18744 of 2019
Shanthi ... Petitioner
versus
1. The Chief Secretary,
Government of Tamil Nadu,
Fort St. George,
Chennai.
2. The Director General of Police,
No.1, Dr.Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
3. The District Collector,
Virudhunagar District,
Virudhunagar.
4. The Superintendent of Police,
Virudhunagar District,
Virudhunagar.
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W.P(MD)Nos.18744 and 18361 of 2019
5. The Deputy Superintendent of Police,
Thiruchuzhi,
Virudhunagar District.
6. The Deputy Director,
(Mines and Minerals)
District Collector Office Campus,
Virudhunagar District.
7. The Tahsildar,
Taluk Office,
Tiruchuzhi,
Virudhunagar District.
8. The Inspector of Police,
Thiruchuzhi Police Station,
Thiruchuzhi,
Virudhunagar District.
9. Ravichandran
10. Chandran
11. Ramanathan
12. Selsha (Vinayan)
13. The Revenue Divisional Officer,
Aruppukottai
(R13 is suo motu impleaded vide
order dated 14.02.2024) ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus, to direct
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W.P(MD)Nos.18744 and 18361 of 2019
the first respondent to instruct the respondent Nos.3 to 8 to take
necessary action against the illegal quarrying of sand without proper
permit and approval by the Government of Tamil Nadu by
Respondent Nos.9 to 12 along with their henchmen and hooligans of
around 70 persons, in the petitioner's property by devolution of
inheritance comprised in Survey No.411/1 an extent of 1.39 cents
situated at Pallapatcheri Village, Thiruchuzhi, Thiruchuzhi Taluk,
Virudhunagar District based on the petitioner's representation dated
07.08.2019 and 23.08.2019.
For Petitioner : Mr.R.Murugan
For R1, R3, R6
and R7 : Mr.R.Baskaran,
Additional Advocate General
assisted by
Mr.G.V.Vairam Santhosh,
Additional Government Pleader
For R2, R4, R5
and R8 : Mr.M.Vaikkam Karunanithi,
Government Advocate (Crl. Side)
For R9, R10,
R11, and R12 : No appearance
W.P.(MD)No.18361 of 2019
Kumar ... Petitioner
versus
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W.P(MD)Nos.18744 and 18361 of 2019
1. The District Collector,
Virudhunagar District,
Virudhunagar.
2. The Superintendent of Police,
Virudhunagar District,
Virudhunagar.
3. The Deputy Superintendent of Police,
Thiruchuzhi,
Virudhunagar District.
4. The Deputy Director,
(Mines and Minerals)
District Collector Office Campus,
Virudhunagar District.
5. The Tahsildar,
Taluk Office,
Thiruchuzhi,
Virudhunagar District.
6. The Inspector of Police,
Thiruchuzhi Police Station,
Thiruchuzhi,
Virudhunagar District.
7. Ramesh
8. Ravichandran
9. Chandran
10. Ramanathan
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W.P(MD)Nos.18744 and 18361 of 2019
11. Selsha (Vinayan) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus, to direct
the respondents 1 to 6 to take necessary action against the illegal
quarrying of sand by the respondents 7 to 11 without proper permit
and approval by the Government of Tamil Nadu, along with their
henchmen and hooligans of around 70 persons in petitioner's
property by purchase comprised in Survey No.411/4A, 411/4B,
416/3B and 414/2 totally an extent of 2.53.5 hectares and by way of
Sale Agreement in respect of the property comprised in Survey No.
410/5, 411/1A1, 419/1, 419/2 totally an extent of 3.59.20 hectare
equivalent to 8.92 Acres, situated at Pallapatcheri Village,
Thiruchuzhi, Thiruchuzhi Taluk, Virudhunagar District, based on the
petitioner's representation dated 07.08.2019.
For Petitioner : Mr.R.Murugan
For R1, R4
and R5 : Mr.R.Baskaran,
Additional Advocate General
assisted by
Mr.G.V.Vairam Santhosh,
Additional Government Pleader
For R2, R3,
and R6 : Mr.M.Vaikkam Karunanithi,
Government Advocate (Crl. Side)
For R7 to R11 : No appearance
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W.P(MD)Nos.18744 and 18361 of 2019
COMMON ORDER
The petitioners, with a grievance that some private parties have conducted quarry operations in Survey No.411/1A2, have filed these writ petitions.
2. Though these writ petitions were pending from the year 2019, the respondents have not filed any counter affidavit.
3. Pursuant to the earlier order of this Court, the District Collector, Virudhunagar, has filed a status report on 28.06.2023 that there was no quarry operations in Survey No.411/1A2. The Revenue Divisional Officer, Aruppukottai, has also filed a status report dated 19.03.2024, admitting that there was some quarry operations in Survey Nos.407/1B and 410/5 of Thiruchuzhi Village to an extent of 65.5 meters length, 31 meters width and 3 meters depth and they have also proceeded further by initiating disciplinary action as against the Village Assistants and also initiated proceedings 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18744 and 18361 of 2019 as against the pattadars of both the lands in Survey No.410/5 and 407/1B, Sekar, S/o.Narayanasamy and Jeyalakshmi, W/o.Alagarsamy respectively.
4. In view of the specific stand taken by the District Collector in his report dated 28.06.2023 that there was no quarry operations in Survey Nos.411/1A2, these writ petitions are closed. No costs.
Consequently, connected miscellaneous petitions are closed.
19.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes ogy To
1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai.
2. The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
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3. The District Collector, Virudhunagar District, Virudhunagar.
4. The Superintendent of Police, Virudhunagar District, Virudhunagar.
5. The Deputy Superintendent of Police, Thiruchuzhi, Virudhunagar District.
6. The Deputy Director, (Mines and Minerals) District Collector Office Campus, Virudhunagar District.
7. The Tahsildar, Taluk Office, Tiruchuzhi, Virudhunagar District.
8. The Inspector of Police, Thiruchuzhi Police Station, Thiruchuzhi, Virudhunagar District.
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ogy W.P(MD)Nos.18744 and 18361 of 2019 19.03.2024 9/9 https://www.mhc.tn.gov.in/judis