Disposed

A.S.Sivalingam v. The Secretary

Madras HC26 Sept 2023WP/10357/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged illegal quarry operations in Vilupuram District. The High Court noted that the authorities had inspected the matter, levied a penalty of over Rs. 1.22 crore against the offenders, and registered FIRs. Finding that the purpose of the petition was served, the Court disposed of the Writ Petition without grant of any specific relief. The Court alloted n

What did the court decide?

No relief granted; writ petition disposed of after noting satisfaction of authorities.

A.S.Sivalingam Vs The Secretary — Quashing and FIR | Madras HC (2023)

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WP No.10357 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.09.2023

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, 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.10357 of 2023

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A.S.Sivalingam : Petitioner

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1.The Secretary

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Industries Department

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Government of Tamil Nadu

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St. George Fort, Chennai - 600 009.

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2.The Commissioner/Director

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Geology and Mining Guindy, Chennai - 600 025.

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3.The District Collector Viluppuram District.

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4.The Assistant Director Geology and Mining Viluppuram District.

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5.The Sub-Collector

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Sub Collector Office, Jakkampettai Tindivanam, Villupuram District.

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6.The Tahsildar

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Taluk Office

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Marakkanam Taluk, Vilupuram District.

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7.Sivanandham

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8.Kumaravelu

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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WP No.10357 of 2023

9.Paramasivam

10.Ravichandran

: Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 6 to stop the illegal quarry operations carried by respondents 7 to 10 in the Nalmukkal and Keezh Arangunam Villages, Marakkanam Taluk, Vilupuram District by considering the petitioner representation dated 13.02.2023.

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For the Petitioner : Ms.S.Kalaiarasi For Respondents 1 to 6 : Mr.P.Muthukumar, State Government Pleader

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Ms.S.Kalaiarasi, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 6.

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Status report is filed by the District Collector, Villupuram. The report states that pursuant to the complaint of the petitioner, inspection was made and thereafter, action has been taken. The details are as under :

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“vi. It is respectfully submitted that inspection report of the team headed by the Deputy Director of Geology and Mining, Villupuram comprising nature of violations committed by the offenders have been forwarded to the Sub Collector, Tinvidvanam, in District Collector letter RC.No.B/

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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WP No.10357 of 2023

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G&M/40/2023 dated 04.06.2023 for taking further action as per the Rule 21 of Mines and Minerals (Development and Regulation) Act, 1957 and levying penalty as per Rule 36A(i)(iii) of Tamil Nadu Minor Mineral Concession Rules, 1959. The Sub Collector, Tindivanam has levied penalty for illegal quarrying and transportation of gravel and rough stone from the expired quarries as submitted below.

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*Sl.* *No.*	*Name and address of the* *offender*	*Location* *Taluk/Village*	*Location* *S.F.Nos./* *Extent/Hects* */Classification*	*Sub Collector,* *Tindivanam* *proceedings* *Rc.No.*	*Penalty* *levied (in* *Rs.)*
1	A.Sivananthan S/o.Anbazhagan, Mettu Street, Vadanerkunam Post, Tindivanam Taluk	Tindivanam Nalmukkal (Presently Marakanam Taluk)	Govt. Land 28/3 1.64.0 Hects	A3/4163/2023 dated 23.08.2023	46,94,04,616
2	M.Kumaravel S/o.ManiGounder, Keelarungunam Village, Tindivanam Taluk	Tindivanam Chokkkanthangal (Presently Marakanam Taluk)	Patta Lands 1/2(p) 2/1B(P) 2/1C(P) 2.06.0 H	A3/4163/2023 dated 23.08.2023	41,31,02,008
3	K.Paramasivan, S/o.KanesaGounder No.290/5, Mariamman Koil St. Chokkkanthangal , Keelsiviri Post, Marakanam Taluk	Tindivanam Nalmukkal (Presently Marakanam Taluk)	Patta lands 10/2 10/5A 10/5B 10/5C 10/9 1.06.5 Hects	A3/4163/2023 dated 23.08.2023	25,91,84,476
4	V.Ravichandiran S/oVaradajGounder Perumukkal village, Tindivanam taluk	Tindivanam Nalmukkal (Presently Marakanam Taluk)	Patta lands 26/1A 26/1B1 26/2A 27/3B 28/1B 3.17.5 Hects	A3/4163/2023 dated 23.08.2023
		Total			122,5812356

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vii. In the above mentioned circumstances it is submitted that the expired leases mentioned in the writ petition have been inspected and penalty of

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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WP No.10357 of 2023

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Rs.122,58,12,356/- has been levied against the respondents 7 to 10 and 7 FIRs have been registered against the respondents which includes recent FIR filed against the 8^th respondent on 22.06.2023 for illegal transportation of minerals and the cases are pending before the District Court. It is respectfully submitted that filing of criminal case against the respondents 7 to 10 under Section 21 of Mines and Mineral (Development and Regulations) Act, 1957 for illegal quarrying of Gravel and Rough Stone in the expired quarries will be initiated by the Sub Collector, Tindivanam by giving private compliant before the Hon'ble District Court concerned. Moreover, it is respectfully submitted that Mines, Revenue and Police Department are monitoring all the expired quarries frequently in order to curtail illegal quarrying and transportation of minerals in the district. Therefore, it is humbly prayed that the Hon'ble High Court may be appraised on the above facts.”

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