Madras High Court
R. Ramesh vs The State on 3 June, 2019
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 3/6/2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.34167 of 2018
and
W.M.P.No.39704 of 2018
R. Ramesh ... Petitioner
Vs
1. The State
rep. By its Principal Secretary to Government
Public Works Department
Fort St. George
Chennai 600 009.
2. The Commissioner
Department of Geology and Mining
Thiru.Vi.Ka.Industrial Estate
Guindy
Chennai 600 032.
3. The Assistant Director of Mines and Geology
Vellore District
Vellore.
4. The Executive Engineer
Public Works department
WRD, Mining and Monitoring Division
Villupuram.
http://www.judis.nic.in
2
5. The Executive Engineer
PWD, WRD
Upper Palar Basin Division
Vellore.
6. The District Collector
Collectorate
Sathuvachari
Vellore.
7. The Revenue Divisional Officer
Gudiyattam
Vellore District.
8. The Tahsildar
Taluk Office
Pernampattu Taluk
Vellore District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, issuance of a writ of mandamus directing the respondents to
consider the representation dated 5/12/2018 and further direct the sixth
respondent to cancel the permission given by him to the fifth respondent
for mining the river sand for his violation of terms and condition in mining
the river sand in a property situated in S.F.No.395 (P), to an extent of
5.76 hectare in Pattu Village Account, Pernampattu Taluk, Vellore
District.
For Petitioner ... Mr.A.Gouthaman
No appearance
For Respondents ... Mr.E.Manoharan
Additional Government Pleader
------
http://www.judis.nic.in
3
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Instant public interest litigation has been filed for a writ of mandamus, directing the respondents, to consider the representation, dated 5/12/2018 and to further direct the District Collector,Collectorate, Sathuvachari, Vellore, sixth respondent, to cancel the permission given by him to the Executive Engineer, PWD, WRD, Upper Palar Basin Division, Vellore, fifth respondent, for mining river sand, for his violation of terms and condition, in mining the river sand, in a property situated in S.F.No.395 (P), to an extent of 5.76 hectare, in Pattu Village Account, Pernampattu Taluk, Vellore District.
2. Inviting the attention of this Court to the letter, dated 11/1/2019 of the Executive Officer, PWD/WRD, Villupuram, addressed to the District Collector, Vellore, Mr.E.Manoharan, learned Additional Government Pleader submitted that quarrying permitted has been completed and therefore, nothing survives in this writ petition.
3. Letter dated 11/1/2019 and other proceedings enclosed are reproduced hereunder:-
http://www.judis.nic.in 4 Lr.No.F.101/MCP/2019, dated 11/1/2019 Sir, Sub: Submission – Pattu Mining Closure Plan – Submitted – Reg.
Ref: 1.
SEIAA/Lr/No.SEIAA/TN/F.No.6481/EC/1(a)/3984/2018 dated 15/5/2017.
2. District Collector.Lr.No.Na.Ka.243/2016/Mines/ dated 27/7/2017
-----
I submit here with the Mining Closure Plan for Pattu Bullock Cart Sand Quarry Pernampet Taluk of Vellore District for favour of further action.
***** GOVERNMENT OF TAMIL NADU PUBLIC WORKS DEPARTMENT MINING CLOSURE PLAN PATTU SAND QUARRY Certified that 46514 Cu.m out of 48600 cu.m of sand had been quarried. Hence this sand quarry has been completely closed at 5.00 p.m., on 9/1/2019. It is also certified that the natural slope of river is maintained without any low level area in the mined area.
***** MINING CLOSURE PLAN PATTU SAND QUARRY Name of Quarry/Village/taluk Pattu Village Pemampet Taluk of Vellore District Name of River Palar SEIAA Lr.No. Lr.No.SEIAA/TNF.No.6481/EC/1(a) 3984/2028 dated 15/5/2018 District Collector Lr.No. District Collector, Vellore Lr.No.Na.Ka.243/2016/Mines dated 27/7/2018 Quantity Approved (Cu.m) 48600 Cu.m Machinery Nil Manual 48600 Cu.m Date of commencement 23/7/2018 http://www.judis.nic.in Date of completion 9/1/2019 5 Total quantity sand quarried 46514 cu.m.
4. Placing on record the above, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.K., J.] [S.P., J.] 3/6/2019 Index: Yes / No Internet: Yes / No Note: Issue order copy on 4/6/2019 To
1. The Principal Secretary to Government Public Works Department, Fort St. George, Chennai 600 009.
2. The Commissioner Department of Geology and Mining Thiru.Vi.Ka.Industrial Estate., Guindy, Chennai 600 032.
3. The Assistant Director of Mines and Geology Vellore District, Vellore.
4. The Executive Engineer Public Works Department , WRD, Mining and Monitoring Division Villupuram.
5. The Executive Engineer PWD, WRD Upper Palar Basin Division Vellore.
6. The District Collector Collectorate, Sathuvachari, Vellore.
7. The Revenue Divisional Officer Gudiyattam, Vellore District.
8. The Tahsildar Taluk Office, Pernampattu Taluk, Vellore District. http://www.judis.nic.in 6 S.MANIKUMAR, J AND SUBRAMONIUM PRASAD, J mvs.
W.P.No.34167 of 20183/6/2019 http://www.judis.nic.in