P.SHANMUGAM
L. V. Varadarajalu Naidu and others – Appellant
Versus
The Collector of Tiruvallur District at Tiruvallur & Others – Respondent
Petitioners are residents and agricultural land owners of Karanai, Nizampet Village, Tiruvallur Taluk and District. Their lands are situated adjoining the river kosasthalai which passes through several villages including petitioners village and ultimately joins the Poondi Reservoir. They have prayed for the issue of writ of mandamus to direct the respondents to stop illicit quarrying in the bed of Kosasthalai river.
2. The facts of the case briefly stated are as follows:
Kosasthalai river is a seasonal one. Water flows only during the rainy season., i.e., from November to January. The villages Karanai, Nizampet No.62 are situated on the banks of the river, having a Survey No.8. The bed of this river contains a good quality river sand with an easy access for extraction of sand. Taking natural advantage of the location and easy access, there have been indiscriminate, relentless and illegal quarrying of sand from this river in the immediate past one year. According to the petitioners, such removal has resulted in the formation of deep pits, affecting the free flow of water and deprivation of water storage for percolation in the river, weakening of the bridge near Periyakuppa
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