Disposed

A.Balasubramanian v. the District Collector

Madras HC30 Oct 2018WP(MD)/4984/2018

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a writ petition filed to prevent illegal sand quarrying by bullock carts. The court directed the District Collector to comply strictly with prior orders dated 29.10.2018, issued in a similar petition, with an option for the petitioner to seek contempt.

What did the court decide?

Petitioner directed to strictly comply with orders dated 29.10.2018 in WP(MD) No.19936 of 2017; no costs.

A.Balasubramanian Vs the District Collector — Environment and Pollution | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.10.2018

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CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD) No.4984 of 2018

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A.Balasubramanian ... Petitioner

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-vs-

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1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Government of Tamil Nadu, Represented by the Additional Chief Secretary of Tamil Nadu, Industries Department, Fort Saint George, Chennai - 600 009. 4.The Commissioner of Geology and Mining, Guindy, Chennai. 5.The State Level Environment Impact Assessment Authority, Tamil Nadu, 3rd Floor, Panagal Maligai No.1, Jeenis Road, Saidapet, Chennai - 15. ... Respondents (R3 to 5 are suo motu impleaded vide Court order dated 08.03.2018 made in WP(MD) No.4984 of 2018)

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to constitute a special team of Police officials permanently to prevent the illegal quarrying of sand by bullock carts in S.No.112 of Maliyakadu, S.No.9 and 12 of chinna Avudayar Kovil Village, S.No.1 of Thokkalikadu Village, S.No.1, 4 and 5-1 Rajamadam village.

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For Petitioner : M/s.R.Yamuna For Respondents 1 to 4 : Mr.A.K.Baskara Pandian https://hcservices.ecourts.gov.in/hcservices/ Special Government Pleader For 5th Respondent : Mr.N.Shanmugaselvam

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O R D E R

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(Order of the Court was made by M.M.SUNDRESH, J.)

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This Writ Petition has been filed, seeking a direction to the respondents 1 and 2 to constitute a special team of Police officials permanently to prevent the illegal quarrying of sand by bullock carts in S.No.112 of Maliyakadu, S.No.9 and 12 of Chinna Avudayar Kovil Village, S.No.1 of Thokkalikadu Village, S.No.1, 4 and 5-1 Rajamadam village.

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2.The grievance of the petitioner is that with respect to continued, unabated illegal mining. In the counter affidavit filed by respondent No.1, it is stated as follows:

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"10.In the above circumstances, it is most respectfully submitted that effective and stringent action is being taken by the District Administration to arrest the illicit quarrying and transportation of minerals and thus a total of 247 vehicles and 354 bullock carts have been seized and a penalty of Rs.1,08,32,475/- (one crore eight lakh thirty two thousand four hundred and seventy five only) have been realized from the month of April 2018 to September, 2018. Apart from that, 309 criminal cases have been filed against offenders indulged in illicit quarrying and transportation of minerals for the period from 01.01.2018 to 15.10.2018 and one person was booked under goondas act. Further all the areas prone for illegal sand mining is being under constant vigil by forming special teams and effective seizure of vehicles indulged in illicit transportation of sand. In addition to that all the enforcement authorities have been directed to have constant vigil over the areas so as to arrest the illicit menace entirely in the district."

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3.The learned counsel appearing for the petitioner would submit that it is followed more in letter and breach more in practise. Even today the illegal mining activities are unabated.

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4.We have dealt a with similar matter in W.P.(MD) No.19936 of 2017. In the aforesaid writ petition we have passed general directions. In the light of the above, this Writ Petition is disposed of directing respondent No.1 to strictly comply with the orders of this Court dated 29.10.2018 made in W.P.(MD) No.19936 of 2017. In the event of any violation, it is open to the petitioner to file contempt petition before this Court. No costs.

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Sd/Assistant Registrar

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/True Copy/

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar(CS-IV)

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To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Additional Chief Secretary of Tamil Nadu, Industries Department, Fort Saint George, Government of Tamil Nadu, Chennai - 600 009.

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4.The Commissioner of Geology and Mining, Guindy, Chennai. 5.The State Level Environment Impact Assessment Authority, Tamil Nadu,

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3rd Floor, Panagal Maligai No.1, Jeenis Road, Saidapet, Chennai - 15.

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1 CC TO Mrs.R.YAMUNA , ADVOCATE IN SR No. 93360.

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• + 1 CC TO Mr.N.SHANMUGA SELVAM , ADVOCATE IN SR No.93463.

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+1 cc to Special Government Pleader, SR.No.93390. SJ

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DS RP SAR4 10 12 2018 3P 9C

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W.P.(MD) No.4984 of 2018 30.10.2018

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https://hcservices.ecourts.gov.in/hcservices/

A.Balasubramanian v. the District Collector

Case brief

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A.Balasubramanian v. the District Collector

Case brief

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