Selvaraj v. The Secretary to Union of India

ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the officials to take appropriate action against the respondents 14 and 15 for the illegal quarrying operation in poramboke lands comprised in S.Nos.126/19, 126/3, 144, 123, 143, 145/6 and 7 of Vanthinakurichi Village, Kulathur Taluk, Pudukkottai District and mining of crusher unit against law and also take appropriate action against the erring officials as per G.O.Ms.135, Industries (MMA-1) Department dated 13.11.2009.

¶2Upon complaints of illegal quarrying in Government land having been made, a joint committee consisting of the Assistant Director, Department of Geology and Mining, Pudukkottai District, the District Environmental Engineer, Tamil Nadu Pollution Control Board, Pudukkottai, and the Revenue Divisional Officer, Illuppur, was directed to conduct an inspection and file a report. A report has been filed by the joint committee which prima facie shows that there has been illegal quarrying in the Government land at the instance of the 14th respondent. The committee has also recommended action against the owners of the lands who have allowed illegal quarrying in their lands.

¶3It is seen from the proceedings of the Revenue Divisional Officer, Iluppur, dated 25.04.2023 that an enquiry was held on

15.05.2023 regarding the above findings of the joint committee.

¶4Mr.R.Baskaran, learned Additional Advocate General would assure this Court that appropriate action will be taken on the basis of the report of the joint committee. It is also admitted by the parties that quarrying in the poramboke land and other unlicenced places has been stopped now. We only hope and pray that it does not start again after sometime.

¶5Mr.G.Prabhu Rajadurai, learned counsel appearing for the respondents 14 and 15 would submit that the findings of the joint committee are not correct to establish quarrying in poramboke lands by the 14th respondent.

¶6Recording the said statement, this Writ Petition is closed. It will be open to the petitioner to raise the issue of violation of distant rules in a separate writ petition. No costs. Connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)

19.06.2023 Index : Yes / No bala To

¶1The Secretary to Union of India, Ministry of Environment and Forest and Climatic Changes, Government of India, New Delhi.

¶2The Principal Secretary to Government of Tamil Nadu, Department of Revenue & Disaster Management, Secretariat, St.George Fort, Chennai.

¶3The Principal Secretary to Government of Tamil Nadu, Department of Environment, Forest and Climatic Change, Secretariat, St.George Fort, Chennai.

¶4Director of Mines Safety, Gurugram, Haryana.

¶5The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai.

¶6The District Collector, Pudukkottai, Pudukkottai District.

¶7The District Revenue Officer, Pudukkottai District.

¶8The Superintendent of Police, Pudukkottai District.

¶9The Superintendent Engineer, Tamil Nadu Pollution Control Board, Pudukkottai, Pudukkottai District.

¶10Assistant Director, Mines and Geology, Pudukkottai.

¶11The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

¶12The Tahsildar, Kulathur, Pudukkottai District.

¶13The Inspector of Police, Keeranur Police Station, Pudukkottai District. W.P(MD)No.28714eofe2022

R.SUBRAMANIAN , J. and

L.VICTORIA GOWRI , J. balagg g DATED : 19.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.22706 of 2022 Selvaraj ... Petitioner vs. 1. The Secretary to Union of India, Ministry of Environment and Forest and Climatic Changes, Government of India, New Delhi. 2. The Principal Secretary to Government of Tamil Nadu, Department of Revenue & Disaster Management, Secretariat, St.George Fort, Chennai. 3. The Principal Secretary to Government of Tamil Nadu, Department of Environment, Forest and Climatic Change, Secretariat, St.George Fort, Chennai. 4. Director of Mines Safety, Gurugram, Haryana. 5. The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai. 6. The District Collector, Pudukkottai, Pudukkottai District. 7. The District Revenue Officer, Pudukkottai District. 8. The Superintendent of Police, Pudukkottai District. 9. The Superintendent Engineer, Tamil Nadu Pollution Control Board, Pudukkottai, Pudukkottai District. 10. Assistant Director, Mines and Geology, Pudukkottai. 11. The Deputy Superintendent of Police, Keeranur, Pudukkottai District. 12. The Tahsildar, Kulathur, Pudukkottai District. 13. The Inspector of Police, Keeranur Police Station, Pudukkottai District. 14. M.Murugesan 15. Deivayani 16. Tamilarasi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the officials to take appropriate action against respondents 14 and 15 for the illegal quarrying operation in poramboke lands comprised in S.Nos.126/19, 126/3, 144, 123, 143, 145/6 and 7 of Vanthinakurichi Village, Kulathur Taluk, Pudukkottai District and mining of crusher unit against law and also take appropriate action against the erring officials as per G.O.Ms.135, Industries (MMA-1) Department dated 13.11.2009. For Petitioner : Mr.P.Ganapathi Subramanian For R1 & R4 : Mr.V.J.Kumaravel For R2, R3, R6, R7, R8 R10 to R13 : Mr.R.Baskaran Additional Advocate General assisted by Mr.A.Baskaran, Additional Government Pleader For R5 & R9 : Mrs.Vijayakumari Natarajan For R14 & R15 : Mr.G.Prabhu Rajadurai