Madras High Court
M.Anandan vs The Secretary on 13 March, 2023
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.Nos.28409 and 34207 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.28409 and 34207 of 2022
and W.M.P.No.27727 of 2022
W.P.No.28409 of 2022
M.Anandan .. Petitioner
-vs-
1. The Secretary,
Tamilnadu Public Works Dept.,
Chennai.
2. The Secretary,
Human Resources Management Dept.,
Chennai.
3. The Secretary,
Revenue Department, Chepauk,
Chennai.
4. The District Collector,
Vellore Collectorate Office,
Vellore District.
5. The Revenue Divisional Officer,
Vellore Collectorate Office,
Vellore District.
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W.P.Nos.28409 and 34207 of 2022
6. Tahsildar,
Anaikuttu Taluk,
Vellore District. ..Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to direct the concerned
authority of 1-6th respondents to regulate and monitor the violations
occurred against the regulations and recommendations made by the
respective State High Level Committee and District Level
Environment Impact Assessment report to take necessary legal action
against the unauthorized commission of quarry lease holders.
W.P.No.34207 of 2022
P.Srinivasan .. Petitioner
-vs-
1. State, Rep. by
The Secretary,
Public Works Department,
Fort Saint George, Chennai 600 009.
2. The District Collector,
Vellore District.
3. Executive Engineer,
Public Works Department,
Water Resources Department,
Upper Palar Basin Division,
Vellore District-6.
4. Executive Engineer,
Water Resources Dept., Geology and
Mining Dept., Sub-Division, Vellore-6.
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W.P.Nos.28409 and 34207 of 2022
..Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to forbear the respondents 1 to
4 from establishing or carrying out any sand quarry and mining
activities in the river Palar at Kandanerri Village, Vellore Taluk and
District.
For Petitioner
in WP.28409/2022 : Mr.B.Karthikeyan
in WP.34207/2022 : Mr.S.Vijayanand
For Respondents in
both WPs. : Mr.R.Shumugasundaram
Advocate General
assisted by Mr.P.Muthukumar,
State Govt. Pleader
*****
ORDER
(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.M.Anandan, S/o.Murugesan, a resident of Pillaiyarkovil Street and Mr.P.Srinivasan, S/o.K.S.Palanivel, resident of Bajanai Koil Street of Kandhaneri Village, Anaikattu Taluk, Vellore District, have filed W.P.No.28409 of 2022 and W.P.No.34207 of 2022 respectively to stop the sand quarrying operations in the Government sand quarry Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 situated at Kandhaneri village, Vellore District, until a suitable order is passed.
2. Since the issue raised in both the writ petitions is one and the same, the writ petitions are taken up together for final disposal.
3. The learned counsel appearing for the petitioners submitted that the petitioners, being the residents of the village falling under the jurisdiction of the sixth respondent Taluk, i.e., Anaikattu Taluk, taking note of the fact that the farmers and the villagers involved in agricultural activities are depending on the water resources of Palar river, jointly took a decision to save the water from being polluted by the quarry lease holders by quarrying the sand in Palar river. Originally, in the year 2016, owing to public and media interference, the sand quarrying operations were stopped. However, once again the villagers are disturbed by the illicit quarrying of sand by the lease holders damaging the river beds, impairing the smooth flow of water course and drinking water systems branching from the river.
4. Therefore, a detailed representation was given by the Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 villagers on 19.09.2022 to the official respondents and the same was also acknowledged by the respondents, but since no action was taken, the quarrying lease holders proceeded further to quarry sand from the Palar river in Kandhaneri village. Therefore, the writ petitions have been filed for the above mentioned relief.
5. When the learned counsel for the petitioners showing the photographs taken claimed that poclain/JCB machines are kept on the river beds and that the use of JCB machines on the river resources are against the guidelines issued by the State Level Expert Appraisal Committee, this Court was inclined to appoint an Advocate Commissioner to inspect the spot and submit a report as to the allegations made by the petitioners, for which the learned Advocate General, though raised objections to the prayer sought for in the writ petitions, welcomed the appointment of Advocate Commissioner to visit and inspect the spot and submit a report to this Court. Therefore, vide order dated 20.12.2022, this Court appointed Mr.Sukumaran, learned Advocate, as Advocate Commissioner and Mr.S.Patrick, learned Advocate, to assist the Advocate Commissioner, to visit and inspect the spot with the assistance of local police Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 personnel and revenue officials and to submit a report before this Court on the following issues:
a) To check whether poclain machines are used for carrying out quarrying operations;
b) To find out whether if river sand is quarried below one meter from the surface area;
c) To find out whether any violations are taking place;
This Court permitted the learned Advocate Commissioner to also submit photographs and other piece of evidence of any illegality if found in quarrying operations along with the report within a period of four weeks.
6. Pursuant to the aforesaid order of this Court, the learned Advocate Commissioner, along with his assisting counsel, visited the spot, made a thorough inspection and submitted his report dated 30.01.2023.
7. When the matter was taken up today, both the learned Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 counsel appearing for the petitioners and the learned Advocate General assisted by the learned State Government Pleader appearing for the respondents submit that this Court has, taking into consideration the submissions of both sides and in order to resolve the issue raised in the writ petitions, resorted to appoint an Advocate Commissioner in view of the fact that poclain/JCB machines cannot be allowed to be involved in the sand quarrying operations on the river as that would affect the ecology and the river water resources. The learned Advocate Commissioner, in his report, has stated that are certain marks of poclain machines on the surface of the river sand and it was informed by the official respondents who were present there that the poclain machines were used for laying of bio- degradable approach road. Therefore, we could see that the poclain/JCB machines as shown by the petitioners in the photographs enclosed along with the affidavit in support of the writ petitions were kept there only for laying of the bio-degradable approach road.
8. The findings of the learned Advocate Commissioner as stated in the report are extracted as hereunder: Page 7 of 12
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1) As of now there is no quarrying operation in the Pallaru River, Kandaneri Village, Anaikattu Taluk.
2) The Water Resource Department has only earmarked 4.95 hectares in Pallaru River in the dimension of 330 Meters Length and 150 Meters Width for quarrying. The proposed site is identified with Flat posts.
3) Since there is no quarrying operation either by the use of machineries or by labour force, there is no violation in the earmarked proposed quarrying site.
4) The Water Resource Department formed bio-
degradable path as Approach road from the river bank to a distance of 50 to 70 Meters. In the said Approach road other than bio degradable materials, no other materials have been used, that are prohibited under the relevant law for the purpose of sand quarrying.
5) There are 2 CCTV cameras rotatable by 360 degres installed one at river bank and another at the proposed sand depot. The CCTV cameras are working.
6) The department has established the basic amenities at the river bank and also at the sand depot.
7) The river surface is flat, no visible marks for quarrying is found.
8) The entire inspection was photographed by the Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 qualified photographer.
9. It is also brought to the notice of the Court that Mr.Anandan, the petitioner in WP.28409 of 2022, has also admitted that the sand quarrying was done in 2016, but thereafter it was not done and according to him, the villagers have no objection for sand quarrying in the area earmarked as of now by the department. The said statement of the petitioner, Anandan, is found recorded in the annexures enclosed by the learned Advocate Commissioner in his report, which is extracted as under:-
"murh';fj;jpy; ,e;j gpufhuk; kzy; vLg;gjw;F vdf;nfh vd;id rhh;e;j fpuhkj;jpdw;nfh (m) kf;fSf;nfh ve;j ghjpg;g[ ,y;y, ghjpg;g[ tuhjtz;zk; kzy; vLj;Jf; bfhs;syhk;."
10. In view of the aforementioned report of the learned Advocate Commissioner, we do not find any justification in the writ petitions and the writ petitions are, accordingly, closed. No costs. Consequently, connected W.M.P. is closed. Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022
11. The respondents are directed to pay additional remuneration of Rs.1,00,000/- (Rupees one lakh only) to Mr.Sukumaran, Advocate Commissioner and Rs.25,000/- (Rupees twenty five thousand only) to Mr.S.Patrick, Assisting Counsel, within a period of two weeks.
(T.R., ACJ.) (D.B.C., J.) 13.03.2023 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No sra To
1. The Secretary, Public Works Department, Fort Saint George, Chennai 600 009.
2. The Secretary, Human Resources Management Dept., Chennai.
3. The Secretary, Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 Revenue Department, Chepauk, Chennai.
4. The District Collector, Vellore Collectorate Office, Vellore District.
5. The Revenue Divisional Officer, Vellore Collectorate Office, Vellore District.
6. The Tahsildar, Anaikuttu Taluk, Vellore District.
7. The Executive Engineer, Public Works Department, Water Resources Department, Upper Palar Basin Division, Vellore District-6.
8. The Executive Engineer, Water Resources Dept., Geology and Mining Dept., Sub-Division, Vellore-6. Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.28409 and 34207 of 2022 T.Raja, ACJ.
and D.Bharatha Chakravarthy, J.
(sra) W.P.Nos.28409 and 34207 of 2022 13.03.2023 Page 12 of 12 https://www.mhc.tn.gov.in/judis