ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the the first respondent to prevent the illegal sand mining on the agricultural land situated in S.Nos.1042/2A ,1043/11, 1043/4A situated at Megamalai Village, Andipatti Taluk, Theni District based on the Petitioner's complaint within the period fixed by this Court.

2.Mr.S.Shanmugavel, learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the Petitioner is a resident of Megamalai Village, doing cultivation in the above said lands and due to elderly ailments, he is not in a position to make frequent visits to the said lands. The fifth respodnent who is doing brick klin business in the adjacent land, tried to tresspass into the Petitioner's land and quarried red soil and excavated bits of 15 metres length 6 meters wide and 15 feet depth worth about Rs.25 lakhs. When the same was questioned, the fifth respondent started abusing him in filthy language.Therefore the Petitioner lodged a complaint before the respondents 2 and 3 and the same was forwarded to the first respondent, who in-turn had communicated the same to the fourth respondent for immediate attention vide his proceedings, dated

3.2.2022 by referring Government Orders for effective monitoring at the root level for curtailing illicit quarrying.Despite the same no action has been taken. Hence, the Petitioner has filed the above Writ Petition for the relief stated supra.

4.On going through the documents filed by the Petitioner, it is seen that he has given various representations to the authorities concerned and on 3.2.2022, the Petitioner has submitted a representation to the respondents 2 and 3 which was forwarded to the first respondent/the District Colector, who in-turn had communicated the same to the fourth respondent/The Tahsildar to look into the matter immedfiately and pass appropriate orders on the above representation. The photographs produced by the Petitioner shows that there is lot of excavation done by the fifth respondent.

5.Hence this Court directs the fourth respondent to inspect the Petitioner's property and file a report to the first respondent within ten days from the date of receipt of a copy of this order. On receipt of such report, the first respondent is directed to pass appropriate orders within a period of four weeks thereafter.

6.It is made clear that the first respondent shall intitate action against the erring officials, who are responsible for the same, even though the representation in this regard is communicated to the fourth respondent for immediate action. The official respondents should not have blind eye and lethargic attitude over such type of illegal mining from the Petitioner's property, which was worth about Rs.25 lakhs and this Court cannot be a silent spectator to all these illegal activities,which are brought to their knowledge by the Petitioner well within the time. The official respondents should take immeidate action and to make a spot visit of the above said illegal red soil quarrying as stated supra, within the time prescribed by this Court, without any further deviation.

7.With the above directions and observations, the Writ Petition stands disposed of. No costs.

25.11.2022 Index : Yes/No Internet:Yes/No vsn To

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Mayiladumparai, Theni.

3.The Assistant Director, Department of Geology and Mining, Theni District.

4.The Tahsildar, Taluk Level Task Force Committee, Andipatti, Theni District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.26654 of 2022

25.11.2022