Madras High Court
Rahman Sheriff vs The Director on 22 April, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.22708 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.22708 of 2022
Rahman Sheriff ...Petitioner
-Vs-
1. The Director,
Geology & Mining Department,
Thiru.Vi.Ka.Industrial Estate,
Guindy,
Chennai – 600 032.
2. The District Collector,
Krishnagiri District,
Krishnagiri.
3. The Assistant Director,
(Minerals)
Geology & Mining Department,
Collectorate,
Krishnagiri.
4. The District Environmental Engineer,
Tamilnadu Pollution Control Board,
No. 149A, 1st Floor,
Dharga,
SIPCOT – 635 126,
Krishnagiri District.
5. The Tahsildar,
Shoolagiri Taluk,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis
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W.P.No.22708 of 2022
6. M/s.Aro Granite Industries Limited,
Sappadi Village,
Kamanthotti Post,
Shoolagiri Taluk,
Krishnagiri District. ...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Mandamus, directing the respondents 1 and 5
herein to take necessary action against the sixth respondent herein by
considering his representation dated 06.06.2022 sent for taking action for
dumping Granite Waste in the vicinity of the petitioner's Agricultural Lands in
S.F.Nos.1210/2C, 1211/5 situtate at Kamanthotthi Village, Shoolagiri Taluk,
Krishnagiri District, in accordance with law and within a stipulated period.
For Petitioner : Mr.T.Vedi
For R1 to R3 & R5 : Mr.E.Vijay Anand
Additional Government Pleader
For R4 : Mrs.Shanmugavalli Sekar
For R6 : Mr.K.Vaitheeswaran
ORDER
This writ petition has been filed for direction directing the respondents 1 to 5 herein to take appropriate action as against the 6th respondent herein for dumping granite waste in the vicinity of the petitioner's agricultural land.
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2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner owned agricultural lands ad-measuring 0.86 acres, 1.36 acres and 0.74 acres comprised in S.F.Nos.1210/2C, 1211/4C and 1211/5 situated at Kamanthotthi Village, Shoolagiri Taluk, Krishnagiri District. The petitioner is carrying on agricultural activities in the said land. While being so, the 6th respondent owned lands comprised in S.F.Nos.1988, 1290 situated near the petitioner's agricultural lands, ad-measuring 10 acres. The 6th respondent is doing granite business and dumping waste in their patta land as well as in the grazing lands and Government poromboke lands. During rain, the granite waste dissolves in the rain water and flows into the petitioner's land. Therefore, the utility of the said land is affected and no crops are growing properly, thereby yield is decreasing and cause huge loss to the petitioner. Therefore, the petitioner submitted a representation before the respondents 1 to 5 herein, to take appropriate action as against the 6th respondent.
4. On receipt of the said complaint, the fourth respondent issued a show cause notice to the 6th respondent dated 18.04.2024 by mentioning the violations for non removal of granite waste.
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5. The learned counsel for the first respondent also submitted that on receipt of the complaint from the petitioner, the fifth respondent was directed to inspect the 6th respondent Unit to take appropriate action.
6. In view of the above, the first and fourth respondents are directed to conduct an enquiry on receipt of the explanation to be submitted by the 6 th respondent and pass appropriate orders on merits and in accordance with law, within period of twelve weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
22.04.2024 Internet: Yes Index : Yes/No Neutral Citation: Yes/No Speaking/Non Speaking order mn https://www.mhc.tn.gov.in/judis Page 4 of 6 W.P.No.22708 of 2022 To
1. The Director, Geology & Mining Department, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai – 600 032.
2. The District Collector, Krishnagiri District, Krishnagiri.
3. The Assistant Director, (Minerals) Geology & Mining Department, Collectorate, Krishnagiri.
4. The District Environmental Engineer, Tamilnadu Pollution Control Board, No. 149A, 1st Floor, Dharga, SIPCOT – 635 126, Krishnagiri District.
5. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.
6. M/s.Aro Granite Industries Limited, Sappadi Village, Kamanthotti Post, Shoolagiri Taluk, Krishnagiri District.
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