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Showing contexts for: quick sand in Sasikumar vs The Secretary To Government on 21 December, 2023Matching Fragments
4. The respondents have taken a stand that the victims got trapped due to quick sand and not due to quarry operations. According to them, there was no quarry operations within a radius of 1500 meters from the place of incident.
5. The learned counsel appearing for the petitioners submits that the quick sand itself is a man-made one, due to illicit quarry operations permitted in the river Cauvery. According to the learned counsel appearing for the petitioners, there are so many quarry operations in river Cauvery and the quarry operations are also conducted to the depth of 10 meters without following any guidelines and therefore, there are so many pits in various dimensions in river Cauvery, which has resulted in the death of victims.
https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.19637 to 19639 of 2014
6. The contention of the respondents is that the sand quarries are operated only by quarrying excess hump of sand more than the bed level and also to an extent of one meter below the bed level. These quarries would also be levelled by way of continuous flow of water and therefore, there is no chance for formation of quick sand emanating due to the sand quarry. In fact, while fixing the area for quarrying sand all essential factors have been taken into account and formation of quick sand has nothing to do with quarrying. They have also taken a stand that they have fixed warning boards in that place, depicting the danger and the deceased, without heeding to the warning, ventured into the river moving through quick soil. They further state that as per the legal maxim “VOLENTI NON FIT INJURIA”, the petitioners are not entitled for any relief as claimed by them.
12. Considering the facts and circumstances of the case, this Court, by order dated 27.06.2023 directed the respondents to furnish the following details:
“(i) as to the number of deaths that had occurred in the river Cauvery for the past ten years, on account of the alleged quick sand;
(ii) what is the mechanism adopted by PWD to identify the places where there is a possible of quick sand; and
14. With regard to the second query, the Executive Engineer has replied that while discharging the huge quantum of water in the river, the sand and silt particles will also travels from place to place and got settles at various places; this loose sand will be fully saturated condition and it will form quick sand; it is unable to predict the location of quick sand; it will differ from place to place; and as the river length is more than 205 k.m., it is unable to watch and ward frequently.