A contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 was dismissed by closing the petition after the respondent filed an affidavit and status report demonstrating compliance with the court's order regarding illegal mining inspections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2018
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
Contempt Petition No.24 of 2018
C.Arjunan, S/o.Chinnasamy.
... Petitioner
-vs-
Mr.Anbarasu, The Executive Engineer, (Water Resourse Department, Melpalaru Silting Division) Public Works Department, Gandhi Nagar, Katpadi, Vellore-632 006, Vellore District. ... Respondent
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for disobeying the order of this Court in W.P.No.14195 of 2016 dated 16.06.2016.
For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.K.Rajendra Prasad, Additional Government Pleader
O R D E R
Heard Mr.R.Sankarasubbu, learned counsel for the petitioner and Mr.K.Rajendra Prasad, learned Additional Government Pleader for the respondent.
2.Perused the status report filed by the Executive https://hcservices.ecourts.gov.in/hcservices/
Engineer, Public Works Department, Villupuram. The
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operative portions of the report read as follows:-
“10.I humbly submit that to commence the sand quarry and inspection was conducted by me, with my Assistant Executive Engineer and team of Assistant Engineers on 12.07.2018. It is ensured that boundary stones were fixed in the specified latitude and longitude and No illegal mining was noticed in the proposed quarry area and the surroundings. The final, District Collector proceedings was obtained on 13.07.2018.
11.I humbly submit that the petitioner filed a contempt petition under Section 11 of the contempt of courts Act, 1971 and The Hon'ble High Court of Madras directed to the Executive Engineer, WRD, Melpalar silting division, PWD, Vellore to conduct a surprise inspection along with his team of officers and to file a report before the court on the next hearing date regarding the illegal operations going on in Navlock village, Palar river by using bullock carts and vehicles in their order dated 20.07.2018.
12.I humbly submit that after getting the order copy from the Upper Palar Basin Division, the Assistant Executive Engineer, Mining and Monitoring Sub-Division, vellore along with the Assistant Engineer, Mining and Monitoring section, vellore inspected the site on 01.08.2018 and submitted the report that a inspection was conducted in the quarry area and it was ensured that no illegal mining operations were found in the proposed
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quarry area after enquiring nearby villagers and agriculturists. This inspection report was submitted in the Hon'ble high court on 03.08.2018.
13.I humbly submit that the Assistant Executive Engineer, Mining and Monitoring Sub-Division vellore once again made a surprise inspection with the Revenue Divisional officer Ranipet, Taluk Officer Walaja, Assistant Director Mines Vellore, Assistant Engineer, Mining and Monitoring section, vellore on 07.08.2018. During the inspection in that area it was ensured that no illegal mining operations were happening. This report was submitted to the Hon'ble High court on 24.08.2018.
14.I humbly submit that the following facts for better appreciation of the matter at hand. The Public Works Department is the single agency to operate the sand quarry operation in State since 2003 as the amended rule 38A in Tamil nadu Minor Mineral Concession Rules 195 to ensure the systematic and scientific sand quarry operation. At present the Government is running the Sand Quarries as a role model for the entire nation to cater the sand demand in the entire state and to prevent the illegal mining in Vellore District Environmental Clearance for quarrying 72000 Cu.m of sand in Palar River in S.F.No.3/Part in Navlock village of https://hcservices.ecourts.gov.in/hcservices/ walajah Taluk in vellore District in the mine lease area of 7,20.00 Ha vide Environmental
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Clearance No. Lr. No.SEIAATN/F.No.6468/EC/1(a)/3883/2018 dated:15.05.2018. Subsequently the District Collector Vellore had given the order to commence the quarry in the Letter no vide Lr. No. Na.Ka.2/2015/Kaniman/Dated 13.07.2018. consent to Operate had also been obtained from the Pollution Control Board. All the procedures were completely adhered by the department for commencing the quarry in Navlock. We have submission all the documents ordered by the Hon'ble High Court.
15.I humbly submit that the delay in commencement of quarry is due to the change in administrations, verdict of Hon'ble High court of Madurai and subsequent delay in getting the Environmental Clearance from State Level Environmental impact Assessment authority.
16.I humbly submit that all the required clearances for commencing the Bullock cart quarry at Navlock have been obtained and its ready for operations as per the requisition of the petitioner. Since the Government is directly running the quarry there will not be any illegal activities in the nearby area.
17.I humbly submit that we will be operating the quarry with the utmost care by using the latest technology and with due vigilance whilst also complying with the environmental safeguards prescribed under the law and the Hon'ble Courts. In light of the
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above submissions it is therefore humbly prayed that this Hon'ble Court may be pleased to accept this affidavit and purge me from contempt and close the contempt petition and thus render justice.”
3.In the light of the report filed by the
Executive Engineer, this Court is satisfied that proper measures have been taken by the appropriate officers of the Department to prevent illegal mining. Hence, no further orders are required in this Contempt Petition.
4.Accordingly, recording the status report, this Contempt Petition is closed. No costs.
SD/ASSISTANT REGISTRAR(COMM.CASES)
abr
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
PS/08/10/2018
To
The Executive Engineer, (Water Resourse Department, Melpalaru Silting Division) Public Works Department, https://hcservices.ecourts.gov.in/hcservices/ Gandhi Nagar, Katpadi, Vellore-632 006, Vellore District.
C. Arjunan
Mr. Anbarasu
T.S. Sivaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
