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2016 DIGILAW 793 (MAD)

S. Selvam v. District Collector

2016-02-26

C.T.SELVAM, S.MANIKUMAR

body2016
ORDER : (Order of the Court was made by Mr.Justice S.MANIKUMAR) On 23.02.2016, we have passed the following order:- “A permanent resident of Vembangkudi Village, Keelakandani Post, Sivagangai District and claiming to be a Public Interest Litigant, has filed the present Writ Petition, for a Writ of Mandamus, directing the District Collector, Sivagangai District, 1st Respondent to take appropriate action against the 6th respondent, alleging illegal Gravel quarrying in Vembangkudi Village, situating in Sivagangai Taluk, Sivagangai District based on his representation dated 01.02.2016. 2. Supporting the relief sought for, the petitioner has contended that in R.C.M2/340/2014 dated 21.09.2015, the District Collector, Sivagangai District has permitted the 6th respondent to quarry gravel only up to two meters, whereas, he has excavated gravel up to the depth of 21 feet. It is also his submission that respondent No.6 is involving in illegal quarrying operations in the adjacent Government lands. 3. Added further, the learned counsel for the petitioner submitted that on 26.01.2016, when there was illegal transportation of sand, JCB and to Tipper Lorries, used for the illegal transportation were intercepted and handed over to Tahsildar, Sivagangai. Despite a complaint been forwarded to the Deputy Superintendent of Police, Sivagangai, on 29.01.2016, there is no action by the police to register any criminal case against the perpetrators of law. It is also the grievance of the petitioner that petition dated 01.02.2016, given to the District Collector for cancellation of gravel lease, has not been responded. In these circumstances, prayer for mandamus is sought for. 4. Considering the seriousness of the allegations made by the petitioner, and of the fact that a complaint has already been forwarded to the Deputy Superintendent of Police, Sivagangai for action, Mr. A.K.Bhaskarapandian, learned Special Government Pleader is directed to take notice for respondents 1 to 5 and to submit a detailed report as to the action taken by the District Collector, Sivagangai District and Deputy Superintendent of Police, Sivagangai, respectively. 5. On the allegation that respondent No.6 has excessively excavated gravel more than the permitted limit, though not a party in this writ petition, we direct the Assistant Director (Mines), Sivagangai District to inspect the subject site and other adjacent Government lands and submit a report along with all documents on 26.02.2016. 6. 5. On the allegation that respondent No.6 has excessively excavated gravel more than the permitted limit, though not a party in this writ petition, we direct the Assistant Director (Mines), Sivagangai District to inspect the subject site and other adjacent Government lands and submit a report along with all documents on 26.02.2016. 6. Post the matter on 26.02.2016.'' Reverting, Mr.A.K. Baskarapandian, learned Special Government Pleader, submitted that no sooner the Tahsildar, received the representation on 26.01.2016, he caused an inspection of the subject mine, where, irregularities were pointed out, regarding excessive quarrying beyond the permission granted. Learned Special Government Pleader further submitted that quarrying in subject mine, has now been stopped from 27.01.2016 onwards, and action as per the rules, has been taken. He has also produced a detailed report, dated 25.02.2016 of the Assistant Director of Geology and Mining, Sivagangai, explaining the action taken and the status, as on date. The said report is extracted hereunder:- ''It is submitted that, One Thiru.S.Ramabrabhu, S/o.Shanmugam, Kandankulam, Ramanathapuram District has been granted a gravel quarry lease, over an extent of 4.99.0 hects, in patta S.F.No.158(Part) of Vembangudi Village, Sivagangai Taluk for a period of one year vide District Collector's proceedings Rc.Mo.M2/340/2014, dated 21.09.2015. Lease deed was executed on 13.11.2015 and lease period is due to expire on 12.11.2016. 2. It is submitted that, based on the complaints received from the Vembangudi village public, stating that the lessee is carrying out quarrying operations by violating the rules, Tahsildar, Sivagangai has inspected the subject area on 27.01.2016 and reported that gravel has been quarried in 2 pits for the dimensions of 1) 53.6m length, 33.7m width and 2) 190m length, 22m width. The depth of quarrying is about 4.3m at some places and less than that in other places. Further, she has informed that two JCB (Poclains) have been seized from the subject area and kept under her safe custody and another one vehicle is placed in the quarry site itself. Finally she has requested to take action in this regard. 3. It is submitted that, based on the complaints received from the vembangudi village Public and report of the Tahsildar, Sivagangai, the subject area was inspected by the Assistant Director, Geology and Mining, Sivagangai along with Assistant Geologist (mines) and Village Administrative Officer vembangudi on 29.01.2016. Finally she has requested to take action in this regard. 3. It is submitted that, based on the complaints received from the vembangudi village Public and report of the Tahsildar, Sivagangai, the subject area was inspected by the Assistant Director, Geology and Mining, Sivagangai along with Assistant Geologist (mines) and Village Administrative Officer vembangudi on 29.01.2016. During the time of inspection, it is noticed that gravel has been removed from the lease hold area in two pits. The pit dimensions were taken as tabulated below. Pit Length (m) Width(m) Depth(m) Quantity removed (m3) 1. 210 29.0+21.5=25.25 2 4.2+4.0+3.0+3.1=3.58 4 18983 2. 57+40=48.5 2 30+33 = 31.5 2 1.8+2.0 = 1.9 2 2903 Total 21886 m3 From the field inspection, it is revealed that the lessee has removed a total quantity of 21886 cubic meters of Gravel from the lease hold area. On perusal of this office records, it is revealed that the lessee has obtained transport permits for a quantity of 17100 cubic meter of gravel on payment of necessary seigniorage charges to the Government. Thus the lessee has quarried and transported 4786 cubic meter (or 798 lorry loads of each 6 cubic meter) of gravel excessively from the lease hold area and he has carried out quarrying operations beyond the permitted depth of 2 meters (i.e 3.0 m to 4.2 meter). Finally recommended to take action against the lessee under Rule 36-A of Tamil Nadu Minor Mineral Concession rules 1959. 4. It is submitted that, the lessee has quarried and transported 4786 cubic meter (or 798 lorry loads of each 6 cubic meter) of gravel excessively from the lease hold area in S.F.No.158 (Part) of Vembangudi village of Sivagangai District and there is no outside quarrying noticed. 5. It is submitted that, the lessee has carried out quarrying operation beyond the permitted depth of 2 meters (i.e 30 meter to 4.2 meters). 6. It is submitted that, based on the reports furnished by the Tahsildar, Sivagangai and the Assistant Director of Geology and Mining, Sivagangai, the Revenye Divisional Officer, Sivagangai has been requested to take action against the lessee under Rule 36-A of Tamil Nadu Minor Mineral Concession rules 1959 vide District Collector, Sivagangai letter Rc.No.M2/340/2014, dated 18.02.2016. 7. 6. It is submitted that, based on the reports furnished by the Tahsildar, Sivagangai and the Assistant Director of Geology and Mining, Sivagangai, the Revenye Divisional Officer, Sivagangai has been requested to take action against the lessee under Rule 36-A of Tamil Nadu Minor Mineral Concession rules 1959 vide District Collector, Sivagangai letter Rc.No.M2/340/2014, dated 18.02.2016. 7. It is further submitted that, a Show Cause Notice has also been issued to lessee to offer his explanation as to why the lease granted for quarrying and transportation of gravel over an extent of 4.99.0 hects., in patta S.F.No.158(Part) of Vembangudi village, Sivagangai Taluk should not be cancelled as per rule 36(5)(h) of Tamil Nadu Minor Mineral Concession rules 1959, for having involved in quarrying and transportation of 4786 cubic meter (or 798 lorry loads of each 6 cubic meter) of gravel excessively from the lease hold area without remitting necessary seigniorage charges to the Government and carried out quarrying operations beyond the permitted depth of 2 meter by violating the condition of the lease and to appear before the District Collector on 01.03.2016 for personal hearing vide Rc.No.M2/340/2014, dated 18.02.2016. 8. It is submitted that, issuance of transport permit to the subject quarry has been stopped from 27.01.2016 and the quarrying operations in the subject area has also been stopped from 27.01.2016. In view of the above, it is submitted that, the lessee has quarried and transported 4786 cubic meter (or 798 lorry loads of each 6 cubic meter) of gravel excessively from the lease hold area in S.F.No.158(Part) of Vembangudi village of Sivagangai District and carried out quarrying operations beyond the permitted depth of 2 meters (i.e 3.0 m to 4.2 m) and thereby violated the conditions of the lease. Further it is submitted that the Revenue Divisional Officer, Sivagangai has been requested to take action against the lessee under Rule 36-A of Tamil Nadu Minor Mineral Concession rules 1959 vide District Collector, Sivagangai letter Rc.No.M2/340/2014, dated : 18.02.2016 and a Show Cause Notice has also been issued to lessee to offer his explanation as to why the lease granted for quarrying and transportation of gravel over an extent of 4.99.0 hects., in patta S.F.No.158(Part) of Vembangudi village, Sivagangai Taluk, should not be cancelled as per rule 36(5)(h) of Tamil Nadu Minor Mineral Concession rules 1959 and the personal hearing is scheduled to be held on 01.03.2016 to the lessee. Further issuance transport permit has been stopped from 27.01.2016. Hence, it is submitted that, action has been initiated against the lessee as per rule 36-A and rule 36(5)(h) of Tamil Nadu Minor Mineral Concession rules 1959 based on the complaints of the villagers as well as the petitioner.'' 3. In view of the above, as appropriate action is taken against illegal Gravel quarrying operation by the 6th respondent, no further orders are required. Recording the above, the writ petition is closed. No Costs. Consequently, W.M.P.(MD)No.3379 of 2016 is closed.