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2017 Supreme(Mad) 3641

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, ABDUL QUDDHOSE, JJ.
K. Marimuthu – Petitioner
Versus
The State of Tamil Nadu, Represented by The Chief Secretary to Government & Others – Respondents
W.P. (MD) No. 17279 of 2017
Decided On : 06-11-2017

Advocates Appeared:
For the Petitioner:M/s. J. David Ganesan, Advocate.
For the Respondent: M. Govindan Spl. Govt.Pleader.

The court's decision emphasized the importance of addressing illegal activities and lack of action on representations in accordance with the law.

Headnote:

Writ Petition - Illegal Quarrying and Brick Manufacturing - The court directed the respondents to look into the representation of the petitioner and imposed a time restriction for action.

Fact of the Case:

The petitioner sought a Writ of Mandamus to stop illegal quarrying and illegal brick manufacturing unit situated in the river bank and to restore the river bed due to the ex-auction of sand.

Finding of the Court:

The court directed the Fifth Respondent to look into the petitioner's representation and imposed a time restriction for action, without expressing any opinion on the merits and demerits of the representation.

Issues: Illegal quarrying and brick manufacturing, lack of action on the petitioner's representation by the respondents.

Ratio Decidendi: The court emphasized the need for the Fifth Respondent to act on the petitioner's representation and imposed a time restriction for a reasoned speaking order on merits and in accordance with the law.

Final Decision: The Writ Petition stands disposed of with the direction for the Fifth Respondent to take action on the petitioner's representation within a specified time.

JUDGMENT :

M. Venugopal, J.

1. This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to stop the illegal quarrying (Kuruman-sand) and illegal brick manufacturing unit(without permit) situated in the river bank of Thamirabarani River bed at Manalkundu, Alwarthirunagar Union and to restore the huge digs over the river bed of Thamirabarani, Manalkundu, Alwarthirunagar Union, Thiruchendur Taluk, Tuticorin District, due to the ex-auction of (Kuruman-sand) and natural sand in the light of Petitioner's representation, dated 3.7.2017.

2. Heard both sides. No counter is filed on behalf of the respondents 1 to 5.

3. By consent, the main Writ Petition itself is taken up for final disposal.

4. According to the Petitioner, in his village, at present brick kilns are functioning and it is against the Mining Rules and Procedures. Further, it is functioning without any licence and as such, it has affected the environmental situation. That apart, in the aforesaid brick kilns, according to the Petitioner, already sufficient quantity of sand was quarried and at present, the river sands are quarried for so many feet and they have been sold out in an illegal manner.

5. The version of the Petitioner is that in his village Manalkundu, one Annammal Christian Church is there and the same is situated in the centre of the village. The patta lands which are surrounding the aforesaid church and in that patta lands, plenty of sand deposits are there. In the aforesaid lands, sand exploitations are taking place during days and in night times. Moreover, vehicles which are camping also indulged in taking sands in a faster manner and as such the children and elders are having fear and panic in their minds. Besides these, land grabbers/rowdies are threatening the general public. Water level is being entirely decreased in the Petitioner's Village.

6. The real grievance of the Petitioner is that he had addressed a representation, dated 27.06.2017 to the Second Respondent/The District Collector, Thoothukudi through Registered Post and the same was received on 29.06.2017 However, no action has been taken. Furthermore, the Petitioner gave a petition/representation in person before the Second Respondent on 03.07.2017, which was forwarded to the Fifth Respondent. Till date, neither the Second Respondent nor the Fifth Respondent had taken any steps to act on the written representation of the Petitioner, dated 3.7.2017 in the subject-matter in issue. Hence, the Petitioner has filed the present Writ Petition, seeking for passing of orders directing the respondents to stop the illegal quarrying (Kuruman-sand) and illegal brick manufacturing unit(without permit) situated in the river banks of Thamirabarani River bed at Manalkundu, Alwarthirunagar Union and to restore the huge digs over the river bed of Thamirabarani, Manalkundu, Alwarthirunagar Union, Thiruchendur Taluk, Tuticorin District.

7. At this stage, the learned Special Government Pleader appearing for the respondents fairly submits that the Fifth Respondent will look into the representation of the Petitioner, dated 3.7.2017 in all earnestness and in seriousness and this Court may kindly impose time restriction on the Fifth Respondent to act on the representation made by the Petitioner.

8. Considering the fact that the representation of the Petitioner, dated 3.7.2017(which was forwarded by the Second Respondent to the Fifth Respondent) is pending as on date, without any progression, in the subject-matter in issue, this Court, at this stage, simpliciter, without expressing any opinion on the merits and demerits of the contents of the representation of the Petitioner, dated 3.7.2017 and if he finds any substance in the said representation, dated 3.7.2017, is to pass a reasoned speaking order on merits and in accordance with Law within a period of four weeks from the date of receipt of a copy of this order(of course after issuance of notice to the Petitioner and others concerned, if a


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