S.M.A.PON GANDHIMATHI NATHAN v. THE STATE OF TAMIL NADU
WP(MD)/7668/2020 · 2025-07-15
S M Subramaniam, S Srimathy
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 129274 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129274 (MAD) · dailylaw.ai ]
Judgment text
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W.P(MD)No.7668 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.7668 of 2020 and W.M.P(MD)No.7167 of 2020 S.M.A.Pon Gandhimathi Nathan
... Petitioner vs. 1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Secretariat, Chennai-9 2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai -32 3.The District Collector, Collectorate, Thoothukudi District. 1/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 4.T.Bernat, The Assistant Director, Department of Geology and Mining, Collectorate Campus, Thoothukudi District. 5.Rajkumar, The Tahsildar, Vilathikulam Taluk, Thoothukudi District. 6.Ragu, The Tahsildar, Ottapidaram Taluk, Thoothukudi District. 7.Gnanaraj The Tahsildar, Thiruchendur Taluk, Thoothukudi District. 8.M/s. Sindhu Construction, No.12, Ramvillas Nagar, NGO “B” Colony, Palayamkottai, Tirunelveli District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent Nos.1 to 3 to take appropriate action against the respondent Nos. 4 to 7 for failing in their duty by not preventing the illegal quarrying of Savadu Soil (Coarse Sand) under the guise of desilting Karambai Soil (Sediment Silt Soil) to the respondent No.8 as per G.O.(Ms) No.50 dated 27.04.2017 Industrial 2/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 Department from the ponds and patta land mentioned in paragraph No.5 of the affidavit situated at Vilathikulam, Ottapidaram and Thiruchendur Taluks, Thoothukudi District by violating the order of this Court in W.P.No.20903 of 2016 dated 28.08.2019. For Petitioner : Mr.I.Pinaygash For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For RR 4 to 8 : No appearance
ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 7 for failing in their duty to prevent the illegal quarrying of savadu soil (coarse sand) under the guise of desilting Karambai soil (sediment silt soil) by the eighth respondent, as per G.O.(Ms) No.50, Industries Department, dated 27.04.2017, from the ponds and patta lands mentioned in paragraph No.5 of the affidavit, situated in Vilathikulam, Ottapidaram, and Thiruchendur 3/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 Taluks, Thoothukudi District, in violation of the order of this Court in W.P. No.20903 of 2016 dated 28.08.2019. 2.With reference to the relief sought for in the present Writ Petition, it is reiterated that no illegal quarrying of savadu soil (coarse sand) can be permitted without a proper licence issued by the competent authority. 3.The learned Government Pleader appearing for the respondents 1 to 3 submitted that quarrying operations will be permitted only in accordance with the conditions stipulated in the licence. 4.The learned counsel appearing for the petitioner submitted that illegal quarrying of coarse sand is still going on. 5.In view of the above submissions, the third respondent/the District Collector is directed to conduct inspections in respect of the illegal quarrying of savadu soil (coarse sand) and to verify the validity of the licences granted to the individuals. 4/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 6.If any illegality or illegal quarrying operations are identified, all appropriate actions, including criminal prosecution against the offenders, are to be initiated . The inspections are directed to be conducted as expeditiously as possible by the District Collector. 7.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[S.M.S.,J.] & [S.S.Y.,J.] 15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 To 1.The Principal Secretary to Government, Represented by the State of Tamil Nadu, Department of Revenue and Disaster Management, Fort St. George, Secretariat, Chennai-9 2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai -32 3.The District Collector, Collectorate, Thoothukudi District.
6/7 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7668 of 2020 S.M.SUBRAMANIAM
, J.
and S.SRIMATHY
, J.
ps
ORDER MADE IN W.P(MD)No.7668 of 2020 DATED : 15.07.2025 7/7 https://www.mhc.tn.gov.in/judis