Any quarry operations shall be permitted only by way of lease agreement, as per Article 299 (I) of the Constitution of India.

JUDGMENT :

B. Pugalendhi, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to prevent the illegal quarrying of Sand in Elanthaikootam Village and other surrounding villages and consequential direction to seize the equipment used for illegal and indiscriminate quarrying and transporting the sand.

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent Nos.4 to 7, from issuing permission order for taking savudu and gravel soil at Thoothukudi District as per G.O.Ms.No.50 (Industries MMC.1) Department), dated 27.04.2017 without conducting scientific and technical research of the soil and consequently directing the respondents to take appropriate steps to desilt 53 tanks and channels as per the list provided in the typed set of papers coming under the Srivaikundam Anicut, Thoothukudi District by considering the representation, dated 28.08.2018.

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to take necessary actions over the representation of the petitioner dated 09.08.2019 and regularise the desilting of water bodies by curbing illegal quarrying of soil by virtue of permissions issued under Section 12(2)(b) of Tamil Nadu Minor Minerals Concessions Rules, 1959.

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to quash the impugned order passed by the 1st respondent through his proceedings in M2/290/2019, dated 21.10.2019.

These writ petitions are filed as Public Interest Litigations on the ground that there are illegal and rampant sand quarry activities taking place under the guise of savudu quarries. Since the issue in all these writ petitions revolves around the sand / savudu sand quarries, these writ petitions have been tagged together, taken up for hearing and disposed of by way of this common order.

2. The writ petition in W.P(MD)No.20903 of 2016 was originally filed by one Nagendiran of Siddharkottai, Ramanathapuram Taluk and District stating that his village is situated 800 metres away from the East Coast, there are large number of sand deposits in his village and in the adjacent villages, namely, Jameendaar Valasi, Elanthiakoottam, Elanthaikoottam Yadav Kudiyiruppu, Tamilarvadi, Samathuvapuram, Sitharkottai, Vaalur, Mudiveeranpattinam, Poosari Nagar and Nethaji Nagar. The private respondents shown in the writ petition are said to have been quarrying those sand deposits with the help of the official respondents, as savudu quarries.

3. In this writ petition, when the matter has been taken up for hearing on 03.11.2016, the Revenue Divisional Officer, Ramanathapuram submitted a report, dated 01.11.2016, wherein it is stated that the private respondent / 5th respondent has obtained savudu lease, but he has violated all the terms and conditions of the lease granted and removed savudu sand, more than the permitted quantity and therefore, they have contemplated action as per Rule 36 of the Tamil Nadu Minor Mineral Concession Rules, 1959 [Hereinafter shall be referred to as TNMMCR,1959]. The Photographs filed by the petitioner before this Court would disclose that this quarry must be a sand quarry and not otherwise. Though the respondents claimed action has been contemplated, there is no reference as to the penalty imposed.

4. The writ petition in W.P(MD)No.17370 of 2019 has been filed contending that without scientific and technical study of soil / earth, permissions have been given to desilt 53 tanks and channels in Srivaikundam Anicut, Thoothukudi District and in that process unauthorised and illegal quarrying of sand is taking place and the excavated sand is sold for commercial purposes. It is further stated that the Industries (MMC.1) Department, vide G.O(MS)No.50, dated 27.04.2017 made certain amendment