Allowed

C.M.Sekar v. The District Collector

Madras HC22 Oct 2021WP/22214/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking removal of sand spilled from road construction materials into agricultural lands and water channels. The Court directed authorities to inspect, remove the sand, and prevent future dumping near farms or water bodies within specified timelines.

What did the court decide?

Direction to remove spilled sand from agricultural land and water channels; instruction to prevent future dumping; compliance report to be filed within four weeks.

C.M.Sekar Vs The District Collector — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:22.10.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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WP No.22214 of 2021

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C.M.Sekar ..Petitioner Vs.

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The District Collector Dharmapuri.

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The Superintending Engineer National Highways, Salem. 3. The District Revenue Officer District Collectorate, Dharmapuri 5. 4. The Divisional Manager Salem National Highways, Dharmapuri. 5. The Revenue Divisional Officer O/o. Divisional Officer, Harur. 6. The Tahsildar Pappireddipatti Taluk Dharmapuri District. 7. The Block Development Officer Block Development Office Harur, Dharmapuri District.

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The R.R.Infraa Contractor Tirupathur Main Road Near Annapoorna Hotel, Harur Dharmapuri District. ..Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 7 to remove the uploaded soil as found in Survey Nos.248, 249, 249/2C of Parayapatti Village, Pappireddipatty Taluk, Dharmapuri District.

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

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For the Petitioner : Mr.J.Pradeep

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For the Respondents : Mr.P.Muthukumar State Govt. Pleader for RR 1, 3, 5 to 7

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Mrs.S.R.Sumathy for RR 2 and 4

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The grievance of the petitioner is that for the purpose of construction of a road, sand has been kept by the side of the proposed road which has slipped down into agricultural lands and even has gone into the water channels.

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Mr.P.Muthukumar, learned State Government Pleader, takes notice on behalf of the respondent Nos.1, 3 and 5 to 7 and Ms.S.R.Sumathi, learned counsel, takes notice on behalf of the respondent Nos.2 and 4.

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The Revenue Divisional Officer, Harur in Dharmapuri District should take immediate steps to ensure that there is no sand that spills into any agricultural land and that the future course of construction does not result in any agricultural land being affected by sand which is dumped for the purpose of construction. Due care and caution should also be taken to ensure that the dumping of sand is also not near any water channel.

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For the immediate purpose, the fifth respondent will cause an inspection to be made and will instruct the eighth respondent contractor to ensure that every bit of sand is removed from any agricultural land and water channel where the sand may have spilled into. The second and fourth respondents should ensure that due care and caution is taken in dumping sand and other material so that the same does not affect any farm land or any water channel in any manner whatsoever. If necessary, temporary bundhs may be put up or some other course of action should be adopted that would ensure that the sand and other material which are brought in for the purpose of construction of any highway do not spill over to any agricultural land or water channel. The fifth respondent will inform the petitioner within three weeks from date as to the measure taken and ensure that any sand which may have been dumped on the petitioner's land or any nearby water channel is removed as expeditiously as possible.

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

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A compliance report should be filed by the fifth respondent with the District Collector within a period of four weeks from date.

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WP No.22214 of 2021 is disposed of. There will be no order as to costs.

s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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sra

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To:

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The District Collector Dharmapuri.

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The Superintending Engineer National Highways, Salem.

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The District Revenue Officer District Collectorate, Dharmapuri 5.

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The Divisional Manager Salem National Highways, Dharmapuri.

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The Revenue Divisional Officer O/o. Divisional Officer, Harur.

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The Tahsildar Pappireddipatti Taluk Dharmapuri District.

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The Block Development Officer Block Development Office Harur, Dharmapuri District.

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WP No.22214 of 2021

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CP(CO) SP(01/11/2021)

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

C.M.Sekar v. The District Collector

Case brief

What is this about?

What did the court decide?

C.M.Sekar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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