BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.12411 of 2020 and W.M.P.(MD)Nos.10617 and 10619 of 2020 C.Elango ... Petitioner vs.

1.The Director of Geology and Mining, O/o.the Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai -32. 2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai -32.

3. The Assistant Director of Ge Ology and Mining,, O/o.The Assistant Director of Geology and Mining, Thanjavur District, Thanjavur.

4.The District Collector, Thanjavur District, Thanjavur.

5.The Tahsildar, O/o the Tahsildar, Oraththanaadu Taluk, Thanjavur District.

6. A.Desendran

7. D.Pandiswaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent Nos.1 to 5 to forbear the indiscriminate river sand mining by the respondents 6 and 7 in the river spread and river bund in Akkini Aaru between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District within time frame stipulated by this Court.

For Petitioner :Mr.S.Rajasekar For R1 to R5 :Mr.A.K.Manikkam Special Government Pleader For R6 and R7 :Mr.S.Deenadhayalan *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the official respondents to forbear the indiscriminate river sand mining done by the private respondents in the river spread and river bund in Akkini River (mf;fpdpahW) between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District.

2. The petitioner is a marginal farmer belonging to the Neyvelivadapaathi Village, Oraththanaadu Taluk, Thanjavur District. The petitioner has alleged that the private respondents are involved in illicit sand mining and sand theft in the river spread and river bund in Akkiniyaru. The complaints, that were given by the petitioner, did not yield any result. In view of the excessive sand mining, there was considerable reduction in storage of water, which, in turn, affected the ground water table and as a result, it was affecting the Agriculturalists, who were not able to get sufficient water and there was also soil erosion.

It is under these circumstances, the present Writ Petition has been filed.

3.The third respondent filed a report before this Court and took a stand that there was no river sand mining or illegal transportation of sand and that the area is being continuously monitored by the Revenue and Police departments. This report was filed on 06.07.2023.

4.When the matter came up for hearing on 18.10.2023, the learned Counsel for the petitioner seriously disputed the stand taken by the third respondent in the report and submitted that sand mining is going-on in that area. In view of stand taken by the learned Counsel for the petitioner, this Court wanted to ascertain the real position and therefore, this Court appointed Ms.M.Benazir Begum, Advocate, as Advocate Commissioner to inspect the place and to file a report before this Court. The order passed by this Court on 18.10.2023 in this regard is extracted hereunder:

“This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents 1 to 5 to prevent sixth and seventh respondents from illegally mining the river sand at Akkini Aaru river bund between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District.

2.The specific case of the petitioner is that the sixth and seventh respondents are carrying out indiscriminate sand mining in the above place. When this Writ Petition was entertained, this Court had also granted an order of interim injunction. The learned Co