Madras High Court
M. Ravikumar vs The Government Of Tamil Nadu on 27 April, 2015
Author: S.Manikumar
Bench: S.Manikumar, G.Chockalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27/4/2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
Writ Petition (MD) No.5112 of 2015
M. Ravikumar ... Petitioner
Vs
1. The Government of Tamil Nadu
rep. By its Chief Secretary
Public Works Department
Secretariat
Chennai.
2. The Director
Geology and Mining Department
Guindy
Chennai.
3. The Chief Engineer
Public Works Department
(Water Resources)
River Safety Division
Chepauk
Chennai.
4. The District Collector
Dindigul District.
5. The Revenue Divisional Officer
Office of the Revenue Divisional Officer
Dindigul District.
6. The Tahsildar
Authur Taluk
Dindigul District.
7. S.K.B.Gopi ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus to forbear the seventh respondent from
carrying the illegal sand quarrying operations along the stretches of ponds
and tanks in Athur Taluk, Dindigul District and consequently direct the
respondents 1 to 6 to ensure that no sand quarrying is carried in Athur Taluk
ponds and tanks.
!For Petitioner ... Mr.R.Venkatesan
^For Respondents ... Mr.Alagadevan, Spl.G.P
:ORDER
(Order of the Court was made by S.MANIKUMAR,J) The petitioner has sought for a writ of mandamus, to forbear the seventh respondent from carrying the illegal sand quarrying operations along the stretches of ponds and tanks in Athur Taluk, Dindigul District and consequently direct the respondents 1 to 6 to ensure that no sand quarrying is carried in Athur Taluk ponds and tanks.
2. When the matter came up on 7/4/2015, we directed Mr.Alagadevan, learned Special Government Pleader, to get instructions with details of the extent of sand quarry and transported from the quarry sites within Athur Taluk.
3. Reverting to the above, he submitted that the seventh respondent has been arrested on 13/4/2015 for violation of Sections 21 (1) and 21 (2) of the Mines and Minerals (Development and Regulation) Act, 1957 and 379 IPC.
4. Report of the extent of mineral quarried, was not placed before this Court. Recording the same, we directed the District Collector, Dindigul District to file a detailed counter affidavit and directed the Registry to post the matter on 22/4/2015.
5. Today, the Assistant Director, Geology and Mining, Dindigul of Mines, has submitted a report setting out the actual status of the eight tanks mentioned in the writ petition in W.P.(MD) No.5112 of 2015. In the report, it is stated that Inspection has been done on 24/4/2015, in the presence of the officials of PWD, Revenue, Panchayat and Police Departments. Report filed by the Assistant Director of Mines shall be treated as part of record.
6. Though based on the averments made in the counter affidavit, learned counsel appearing for the seventh respondent submitted that a false criminal case has been foisted, we are not inclined to delve into the same, as it is a matter for investigation.
7. Status report filed by the Inspector of Police, Sembatti Police Station, Dindigul District shows that based on the confession of the accused, J.C.B used for lifting gravel bearing No.TN67AD-2137 has been seized on 26/4/2015 and the criminal case is under investigation.
8. Though Mr.R.Venkatesan, learned counsel for the petitioner sought for further directions, in terms of the judgment made in DEEPAK KUMAR ETC. Vs. STATE OF HARYANA AND OTHERS ETC (I.A.Nos.12-13 of 2011), we are not inclined to issue any general directions as it is a well settled, that law of the land has to be strictly implemented by all concerned.
9. Action on the prayer made in the writ petition has been taken and it is now open to the official respondents to proceed in accordance with law, on the basis of the report of the Assistant Director, Geology and Mining, Dindigul dated 27/4/2015, submitted to this Court. Needless to state that prosecution launched is different. Therefore, it is open to the Police to proceed further in accordance with law.
10. With the above directions, this writ petition is disposed of. No costs.
(S.M.K.,J) (G.C.,J)
27th April, 2015
mvs.
Index: Yes/No
website: Yes/No
To
1. The Chief Secretary
Government of Tamil Nadu
Public Works Department
Secretariat
Chennai.
2. The Director
Geology and Mining Department
Guindy
Chennai.
S.MANIKUMAR,J
A N D
G.CHOCKALINGAM,J
mvs.
3. The Chief Engineer
Public Works Department
(Water Resources)
River Safety Division
Chepauk
Chennai.
4. The District Collector
Dindigul District.
5. The Revenue Divisional Officer
Office of the Revenue Divisional Officer Dindigul District.
6. The Tahsildar Authur Taluk Dindigul District.
Writ Petition (MD) No.5112 of 2015 27/4/2015