Pollappan, S/O.P.Aiyalu Swamy, Vs the Director of Geology and

12.T.Nellai Kumar, Manager, P.S.Ramasamy Telugu Minority Educational and Charitable Trust, 9E, N.P.S.N.Arumugam Road, Sivakasi, Virudhunagar District. (R12 is impleaded vide Court order dated 25.02.2021 in W.M.P(MD)No.15792 of 2020 in W.P.(MD)No.2309 of 2019 by CJ & RHJ) ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents 1 to 4 to prevent illegal quarrying undertaken by the Respondents 5 to 11 in S.Nos. 39/3, 207/3A, 3 B, 2-9/1A, 209/1A, IB, 208/1,2, 3, 214/1, 38/3A2 and 3 B, 38/4,5,8, 9A, 39/1B, 2B, 196/1A, 197/1,3,5, 198/1,2,4,5, 206,207/1,2a, 2b, 38/6a, 41/2, 42,43/3,6 and 4 in Appaiya Nayakan Patti Village, Vempakottai Taluk, Virudhunagar District.

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

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For Petitioner : Mr.Cibi Chakraborthy For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 to R8 and R10 : Mr.V.Shathurthi Raja For R9 and R11 : Not ready in notice For R12 : Mr.E.Mareeskumar

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W.P.(MD)No.4767 of 2018

T.Nellai Kumar

... Petitioner

-vs-

Union of India, Represented by the Secretary, Ministry of Environment and Forests, New Delhi.

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The Government of Tamil Nadu, Represented by the Secretary, Department of Environment and Forests. Secretariat,

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Chennai.

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The District Collector, Virudhunagar, Virudhunagar District.

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The State Level Environment Impact Assessment Authority, Represented by its Chairman, 3rd Floor, Panagal Maaligai, No. 1, Jeenis Road, Saidapet, Chennai-15.

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W.P.(MD)Nos.2309 of 2019 and 4767 of 2018

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The Assistant Director of Geology and Mining, Office of the Assistant Director of Geology and Mining, Virdhunagar District Collector Campus, Virdhunagar.

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M/s Dhanalakshmi blue metals, Proprietor, Mr.Ramaswamy, Appaiya Nayakan Patti Panchayath, Virudhunagar District.

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M/s Ragupathi Blue metals. Proprietor, Mr.S.Ragupathi, Appaiya Nayakan Patti Panchayath. Virudhunagar District.

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M/s Krishna Blue metals, Proprietor, Mr.S.Arumugam, Appaiya Nayakan Patti Panchayath, Virudhunagar District.

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M/s Raj Blue metals, Proprietor, Mr.S.Ramaraj, Appaiya Nayakan Patti Panchayath, Virudhunagar District.

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M/s Gomathi Stone metals, Proprietor, Mr.K.Krishnamurthi, Appaiya Nayakan Patti Panchayath. Virudhunagar District.

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M/s Sivaraman Blue Metals, Proprietor, Mr.Sivaraman, Appaiya Nayakan Patti Panchayath, Virudhunagar District.

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P. Shanmugaraj ... Respondents

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W.P.(MD)Nos.2309 of 2019 and 4767 of 2018

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Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents 1 to 5 to prevent the illegal quarrying activities run by the respondents 6 to 12 in survey no 39/3,207/3A,3B,209/1A,209/1B,209/1A and 1B,208/1,2 and 3, 214/1,38/3A2 And 3B,38/4,5,8 and 9A,39/1B,39/2B,196/1a,197/1,3,and 5, 198/1,2,4 and 5, 206,207/1, 207/2a and 2b,38/6a,41/2,42,43/3,6 and 4 in Appaiya Nayakan Patti Village, Vempakottai Taluka, Virudhunagr District, adjacent to the petitioners college premises, endangering safety by considering the petitioner representation dated 17.01.2018.

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For Petitioner	: Mr.E.Marees Kumar
	for M/s.Ajmal Associates
For R1	: Mr.P.Paul Pandi
For R2 to R5	: Mr.P.Thilak Kumar
	Government Pleader
For R6 to R12	: Mr.V.Shathurthi Raja
	for Mr.K.Ramakrishna Reddy

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ORDER

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

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By this common order both the writ petitions are being disposed of.

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The relief sought for in these writ petitions is to direct the respondents to prevent illegal quarrying.

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The learned counsel appearing for the petitioners would submit that

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the license period expired.

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The learned Government Pleader appearing for the official

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respondents would submit that no quarrying operations are going on as of now, regarding illegal quarrying of excess minerals, the Advocate Commissioner appointed by this Court submitted a detailed report on 26.07.2021.

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The official respondents are bound to look into the report, conduct an independent enquiry as contemplated under the Act and Rules and initiate appropriate actions to quantify the extent of illegal mining and impose penalty by following the procedures. As far as the continuance of quarrying operations is concerned, it is to be stopped forthwith and in the event of any further illegal quarrying, the competent authorities on receipt of information or complaint by any person is directed to initiate appropriate action including criminal prosecution under law. Regarding imposing of penalty for illegal quarrying of excess minerals, the authorities are directed to initiate action within a period of eight (8) weeks from the date of receipt of a copy of this order and complete the proceedings as expeditiously as possible.

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