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2019 Supreme(Mad) 1856
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
V. Sheela - Appellant
Versus
The District Collector, Thiruvallur & Others - Respondent
Writ Petition Nos. 15304, 17384, 18264, 19596, 21299 & 21917 of 2019 & WMP.Nos.17623, 21215 & 20518 of 2019
Decided On : 04-10-2019
For the Appellant :V. Manikandan, K. Venkatesan, S.V. Sugumar, K. Myilsamy, P. Raja, Advocates.
For the Respondents:E. Manoharan, AGP assist by Akhil Akbar Ali, G. Janakiraman, UM. Ravichandran, K. Soundararajan, C. Prabakaran, Rameshwar, TNEB, Advocates, L. Chandrakumar, Advocate Commissioner.
The Collector must ensure that the vehicles indulging in illegal transportation must be seized under Section 12A and after confiscation by following the procedure under Section 12 of the Act, the vehicle must vest with the State. Similarly, the pumps etc., will also vest with the Statementioned above.
Headnote:
The Chennai Metropolitan Area Ground Water (Regulation) Act 1987- Section 5- No vehicle should be permitted to transport ground water without obtaining a valid license under Section 5 of the Chennai Metropolitan Area Ground Water (Regulation) Act 1987. A perusal of G.O.Ms.No.51, Public Works Department, dated 11.2.2004 and G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012, would show that the State Government is aware that there are pockets in the State where there is over exploitation of ground water
Statement of facts:
Writ of mandamus to direct the respondents 1 to 4 to take necessary action against the illegal extraction of ground water without proper approval from authorities concerned at vacant land owned by 5th respondent which is situated at near Om Sakthi Hotel, Selliyamman Koil Street, Gopurasanallur, Kattupakkam, Chennai-56 by considering representation dated 19.04.2019.
Finding of the court:
Directs Chennai Metropolitan Area Ground Water (Regulation) Act 1987, is properly implemented. This Court directs that the Collectors of Kancheepuram and Tiruvallur, must maintain a register of the existing wells in the areas mentioned in the schedule to the Act. No vehicle should be permitted to transport ground water without obtaining a valid license under Section 5 of the Chennai Metropolitan Area Ground Water (Regulation) Act 1987. The Collector must ensure that the vehicles indulging in illegal transportation must be seized under Section 12A and after confiscation by following the procedure under Section 12 of the Act, the vehicle must vest with the State. Similarly, the pumps etc., will also vest with the State
Result: Disposed of
JUDGMENT :
SUBRAMONIUM PRASAD, J.
Prayer in WP.No.15304 of 2019: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 4 to take necessary action against the illegal extraction of ground water without proper approval from authorities concerned at vacant land owned by 5th respondent which is situated at near Om Sakthi Hotel, Selliyamman Koil Street, Gopurasanallur, Kattupakkam, Chennai-56 by considering representation dated 19.04.2019.
1. These writ petitions highlight and bring out the illegal extraction of ground water for the purpose of sale in the State. In Writ petition No.17384 of 2019, the petitioner had sought for a Writ of mandamus for a direction to the respondents to take action on the representations made by him complaining about the illegal extraction of ground water.
2. On 20.06.2019, this Court after extracting various provisions of the Chennai Metropolitan Area Ground Water (Regulation) Act 1987, observed that when there are penal provisions in the said Act which empowers seizure and confiscation, why the authorities are not taking any action under the said Act. This Court therefore directed the District Collector, Chennai, Tahsildar, Alandur Taluk, and the Inspector of Police, Palavanthangal Police Station, to submit a report in the form of an affidavit as to what action has been taken against the violators. The respondents were also directed to state as to what action has been taken against the vehicles involved in transporting the illegally extracted ground water. The case is adjourned to 24.06.2019. On 24.06.2019, this Court directed the Collectors of Kancheepuram and Tiruvallur Districts to furnish the details of water suppliers registered with them and the vehicle numbers used for transportation.
3. In the meantime, WP.No.18264 of 2019, where again similar allegations were made regarding illegal extraction of ground water have been made was tagged with WP.No.17384 of 2019.
4. In WP.No.17384 of 2009 Inspector of Police, L&O, Palavanthangal Police Station filed a status report stating that he had conducted an inspection and found that there was no illegal tapping of ground water as alleged by the petitioner and extracted water was used only for household purpose and not for commercial purpose. The status report reads as under:-
“1. M. Nataraj, S/o. C. Mani aged about 43 years, working as Inspector of Police, S9-Palavanthangal Police Station do hereby solemnly affirm and sincerely state as follows:
2. I am well acquainted with the facts and circumstances of the case from the records available from this office. I am filing this status report.
3. The above said Writ Petition has been filed Praying for Issuance of Writ of Mandamus or any other appropriate Writ Order or direction in the nature of a Writ directing the Respondents to take actions on the Representation dated 28.05.2019 and 01.06.2019 made by the Petitioner complaining that some individuals are indulging in illegal extraction of ground water.
4. It is humbly submitted that, as per the orders of this Hon’ble Court dated 20.06.2019, this respondent has inspected the said premises and conducted a detailed enquiry and status report is filed in this regard.
5. It is humbly submitted that after conducting the inspection it is found that there is no illegal tapping of ground water as alleged by the Petitioner and the extracted water is used for household purpose and it is found that, it is not used for commercial purpose.
6. It is most humbly submitted that a Complaint was lodged against this petitioner by on Mrs. Y Vetrichelvi, along with the other residents of Govindaswamy Street on 16.06.2019 for which CSR was filed bearing CSR No. 265/2019 pending against the Petitioner has been complained to have created law and order problems (Copy of the Complaint is annexed herewith).
7. It
