Naganathan v. The Principal Secretary

O R D E R This Writ Petition has been filed for the issue of writ of mandamus, directing the respondents 2, 3 and 5 to take action against the respondents 8 and 9 as per the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and G.O.Ms.No.62, dated

01.10.2018 Home, Prohibition and Exercise (XVI) Department, within the time frame fixed by this Court.

2.The case of the petitioner is that he is the owner of the property in S.F.No.231/4C with an extent of 1 acre and S.F.No.218/1B with an extent of 75 cents. S.F.No.231/4B belongs to the 9th respondent. The further case of the petitioner is that the land contains gravel sand and due to water scarcity, the lands became unfit for cultivation of crops and hence, the petitioner decided to sell the property. On 15.03.2021, the petitioner went to his property and found that the gravel sand was removed and pits were filled up with savadu sand.

3.According to the petitioner, loads of gravel sand had been removed from the lands in S.F.No.231/4C. The petitioner was trying to record the status of the place with his mobile phone and at that point of time, it is alleged that the 9th respondent restrained him and had taken away the mobile phone, ATM card, Driving Licence and Aadhar Card along with cash from the petitioner. The petitioner made a complaint regarding the illegal activity carried on by the 9th respondent before the Parthibanur police station. The petitioner alleges that the 8th respondent, who was the then Inspector of Police, in connivance was trying to help the 9th respondent.

4.It is under these circumstances, the petitioner has approached this Court seeking for taking action against the respondents 8 and 9.

5.Considering the nature of grievance that was expressed by the petitioner, the 5th respondent had carried out an inspection and has filed a report before this Court and the relevant portion in the report are extracted hereunder: "3.It is humbly submitted that field inspection was conducted at petitioner's lands S.No: 231/4C and 218/1A at Soodiyur Village by me, Soodiyur Village Administrative Officer, Surveyor on 26/04 /2021.

4.It is humbly submitted that soil found in the petitioner's land was not removed as stated. The lands have no traces of mining and seems to be flat. No pits were found as stated by the petitioner.

5.It is humbly submitted that 9th respondent - U.Vinothkumar has been granted quarry lease by The District Collector, Ramanathapuram vide Na. Ka.No. 1196/G&M.2/2018 ; Dated: 18.08.2018 (one year) in S.nos 227/1, 227 /2, 218/1A, 218/2A, 218/3A (2-19.50 Hecatres). The quarry site of the 9th respondent is located 300 meters away from the petitioner's land.

6.It is humbly submitted that the adjacent survey nos: 231/4A & 231/4B is quarried by Mr. Mayaprakash, who was granted permit to quarry gravel by The Assistant Director,

Geology

&

Mining

Department, Ramanathapuram vide NaKa No dr 2/140 / 2020 ; Dated :

16.11 2020.

¶7It is humbly submitted at Mr Mayaprakash has quarried out S.Nos : 231/41 & 231/4B with the permitted depth of 1.5 meters at average and he had left safety disance of 7.5 meters to the adjacent land-231/4C ( Petitioner's land).

¶8It is humbly submitted that the 9th respondent has not quarried on S.Nos: 231/4A & 231/4B which is adjacent to the petitioner's land (231/4C) and also found that the soil in Petitioner's lands - 231/4C & 218/1A has not been removed. The petitioner has given false allegations against the 9th Respondent as stated in the report of Revenue Divisional Officer, Paramakudi".

6.The Inspector of Police, Parthibanur Police Station has filed a report before this Court. The relevant portions in the report are extracted hereunder: "kD vz;.68/2021 tprhuizf;Fk;> elg;Gj;jhs; G3/008535/689/2021 tprhuizf;Fk;

,k;kDjhuu; ehfehjid 23.03.2021k; Njjp M[uhf mwpTWj;jp

19.03.2021k; Njjp gjpT jghy; %yk; mwptpg;G mDg;gp itf;fg;gl;lJ. ,k;kDjhuu; ehfehjd; vd;gu; mwptpg;G tprhuizf;F

M[uhfhky;

jdJ

kfis kUj;Jtkidf;F mioj;J nry;tjhy; ,d;ndhU ehs; tprhuizf;F M[uhtjhf gjpT jghy; mDg;gp itj;jpUe;jhu;. mjdhy; Nkw;gb kDtprhuizf;F

29.03.2021k; Njjp M[uhf 25.03.2021k; Njjp epidt+l;ly; mwptpg;G-1 mDg;gpAk; M[uhftpy;iy. 08.04.2021k; Njjp tprhuizf;F M[uhf ,Wjp epidT+l;ly; mwptpg;G 03.04.2021k; Njjp kDjhuu; ehfehjDfF; mDg;gp itf;fg;gl;ljw;Fk; kDjhuu; tprhuizf;F M[uhftpy;iy. kD vz;.68/2021d; Gfhu;jhuu; 03.04.2021k; Njjp tprhuizf;F M[uhdjpy;> Fba+u; fpuhkj;jpy; muR mDkjp ngw;W tpNdhjF; khu; nrk;kz; Fthup elj;jp tUtjhfTk;> me;jf;Fthupapy; rhj;jd; vd;gtu; thl;rN; kdhf Ntiy ghu;j;J tUtjhfTk;> rk;gt ehsd;W tpNdhjF; khu; Fthupf;Fs; nrd;W ehfehjd; Nghl;Nlh vLj;Jf;nfhz;bUe;jjhfTk; mij thl;rN; kd; ahu; NghlN; lh vLf;fpwPu;fs; vd;W Nfl;Lf;nfhz;L ,UfF; k; NghNj ,k;kDjhuu; ehfehjd; mtuJ ,Urf;fu thfdj;ij vLj;Jf;nfhz;L Ntfkhf nry;Yk; NghJ mtuJ ghf;nfl;by; ,UeJ; nryN; ghd ; fNP o tpOe;Jtpl;ljhfTk;> me;j nry;Nghid rhj;jd; vLj;J ghu;fF; k; NghJ nry;Nghd; ftUfF; s; biutpq ; iyrd;]; kw;Wk; &.100/- ,Uej; jhfTk;> mij tpNdhj;Fkhu; khg;gps;isahd fw;g+uRe;jughz;bad; Nkw;gb rk;gtk; njhlu;ghf ,k;kDjhuu; Fthupf;Fs; mj;JkPwp ?ioe;J nry;yp;y; Gifg;glk; vLj;jjhf fhtye; piyaj;jpy; Gfhu; kD nfhLj;J kDjhuu; tpl;Lr;nrd;w nghUl;fisAk; fhty; epiyaj;jpy; xg;gilj;jjw;F kD urPJ vz;.68 toq;fg;gl;lJ vd;Wk; jq;fsJ Fthup rk;ke;jg;gl;l Gifg;glj;ij mopj;Jtpl;L kDjhuuplk; nry;Nghid nfhLg;gjpy; ve;j MlN; rgizAk; ,y;iy vd Nkw;gb kDtpd; Gfhu;jhuu; fw;g+uRe;jughz;bad; vOjpf;nfhLj;jjd; Ngupy; kD tprhuiz Kbf;fg;l;lJ. ehfehjd; mDg;gpa elg;Gj;jhs; tprhuizf;F M[uhd vjpu;kDjhuu;fs; Nkw;gb tpguj;Jld; ehfehjd; jq;fsJ Fthupapy; mDkjpapy;yhky; ?ioe;J Nghl;Nlh vLj;Js;sjhy; mtu; kPJ nfhLj;j Gfhupy; ,UeJ; jd;id fhg;ghw;wpf;nfhs;s cz;ikf;F Gwk;ghd ,gG; fhiu nfhLj;Js;sjhf vOjpf;nfhLj;J nrd;Ws;shu;fs;. %d;W mwptpg;G mDg;gpAk; tprhuizf;F ehfehjd; M[uhftpy;iy. vdNt Nkw;gb elg;Gj;jhs; tprhuiz Kbtpy; kDjhuufF; ghj;jpag;gl;l ,lk;> tpNdhj;Fkhu; vd;gtu; muR mDkjp ngw;W Fba+u; fpuhkj;jpy; nrk;kz; Fthup elj;jp tUk; ,lj;jpw;F mUfpy; ,Ug;gJk; kDjhuu; 15.03.2021k; Njjp tpNdhj;Fkhu; FthupfF; s; mDkjpapy;yhky; nrd;W mtuJ nryN; ghdpy; NghlN; lh vLj;j NghJ thl;r;Nkd ; rj;jk; Nghl;ljhy; nry;Nghid tpl;L nrd;wJk;> mjpy; biutpq; iyrd;]; kw;Wk; &.100 ,Ue;jij fw;g+u Re;jughz;bad; fhtye; piyaj;jpy; xg;gilj;J ehfehjd; kPJ nfhLj;j Gfhu; kDtpw;F vjpuhf ,e;j elg;Gj;jhis ehfehjd; mDg;gp itj;Js;shu; vd;gJk; njupate;jJ. mjdhy; mtu; fhty; epiyaj;jpw;F M[uhFk; gl;rj;jpy; mtuJ ifNgrp> gzk; &.100 kw;Wk; biutpq; iyrd;]; Mfpait xg;gilf;fg;gLk; vd;W elg;Gj;jhs; tprhuiz Kbf;fg;gl;Ls;sJ. ,k;kDjhuu; ehfehjd; kPz;Lk; fhty; fz;fhzpg;ghsu; mtu;fsplk; jdJ kDit tprhuiz nra;Ak; ghu;j;jpgD}u; fhty; Ma;thsiu khw;wp NtW mjpfhupia epakpf;f nfhLj;j Gfhu; kDit gukf;Fb cl;Nfhl;l fhty; Jizf;fz;fhzpg;ghsu; mtu;fs; tprhuiz Nkw;nfhz;l NghJ ,k;kDjhuu; tpl;L nrd;w nry;Nghd;> ftUf;Fs; ,Ue;j biutpq; iyrd;]; kw;Wk; &.100 ,Ue;jij gukf;Fb cl;Nfhl;l fhty; mYtyfj;jpw;F

nfhLj;J

mDg;gpitf;fg;gl;lJ. mq;F tprhuizf;F M[uhd kDjhuu; jdJ ,lj;ij kl;Lk; Nghl;Nlh vLj;jjhfTk;> jw;NghJ ePjpkd;wj;jpy; kD jhf;fy; nra;jpUg;gjhfTk;> ePjpkd;wk; %yk; nry;Nghid ngw;Wf;nfhs;tjhf thf;F%yk; nfhLj;J nrd;wjhy; mk;kD tprhuiz Kbj;J fhty; fz;fhzpg;ghsu; mtu;fSf;F mDg;gp itf;fg;gl;Ls;sJ vd;w tpguj;ij gzpe;J rku;g;gpf;fpNwd;."

7.The 5th respondent in his report has categorically stated that there was no quarrying operation at S.F.No.231/4C and 218/1A and there were no traces of mining. That apart, the 5th respondent has also mentioned about the quarrying activities undertaken by the 9th respondent and also by one Mayaprakash in the adjacent lands pursuant to the quarry lease granted by the District Collector. The 5th respondent has come to a definite conclusion that the 9th respondent has not quarried in the land belonging to the petitioner and it was also found that the soil from the petitioner's land was not removed.

8.The above report was filed in the year 2021 and the petitioner has not chosen to controvert the findings given in the report, by filing any affidavit before this Court till date. The 5th respondent is an independent Authority, who had conducted inspection and filed a report before this Court. This Court cannot doubt the report of the 5th respondent, unless the petitioner comes up with a clear stand by filing an affidavit and place materials to the effect that the report of the 5th respondent is false. No such attempt has been made by the petitioner. Therefore, this Court has to necessarily act upon the report filed by the 5th respondent.

9.It is also clear from the report filed by the Inspector of police that the mobile phone was already handed over to the petitioner and this fact was also recorded in the order of this Court dated 29.09.2023. It is also brought to the notice of this Court that the 9th respondent was transferred two years back and the new incumbent was also present before this Court at the time of hearing today.

10.The learned counsel appearing for the petitioner submitted that this Court has to appoint an Advocate Commissioner to inspect the property and to file a report. The appointment of an Advocate Commissioner cannot be done as a matter of course. This Court has already observed that there is no reason to doubt the report filed by the 5th respondent, since the petitioner has not controverted the report. Therefore, this Court does not find any reason to appoint an Advocate Commissioner at this stage, as sought for by the learned counsel for the petitioner.

11.In the light of the above discussions, this Court does not find any reason to direct the official respondents to take action against the 8th and 9th respondents and the relief sought for by the petitioner cannot be granted by this Court.

12.Accordingly, this writ petition stands disposed of. No costs.

16.11.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To

¶1The Principal Secretary, Home Department, Secretariat, Fort. St. George, Chennai.

¶2The District Collector, Collectorate, Ramanathapuram.

¶3The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

¶4The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

¶5The Assistant Director (Mines and Minerals), Department of Geology and Mining, Collectorate Campus, Ramanathapuram.

¶6The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.

¶7The Deputy Superintendent Of Police, Paramakudi, Ramanathapuram District.

N.ANAND VENKATESH, J. PNM ORDER IN

16.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.11.2023 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Naganathan ... Petitioner Vs 1. The Principal Secretary, Home Department, Secretariat, Fort. St. George, Chennai. 2. The District Collector, Collectorate, Ramanathapuram. 3. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District. 4. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram. 5. The Assistant Director (Mines and Minerals), Department of Geology and Mining, Collectorate Campus, Ramanathapuram. 6. The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District. 7. The Deputy Superintendent Of Police, Paramakudi, Ramanathapuram District. 8. Mr.Kannan 9. Vinothkumar ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents No.2, 3 and 5 to take appropriate action against the respondents 8 and 9 as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and G.O.Ms.No.62 dated 01.10.2018 Home, Prohibition and Exercise (XVI) Department. For Petitioner : Mr. K.Baalasundharam For Respondents : Mr.B.Saravanan (R1 to R3, R5, R6) Additional Government Pleader Mr.R.Sivakumar (R4, R7) Government Advocate