KOSASTHALAI AARU MATRUM KANIMAVALA v. THE DISTRICT COLLECTOR
WP/1427/2025 · 2025-01-17
S M Subramaniam, V Lakshminarayanan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14442 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14442 (MAD) · dailylaw.ai ]
Judgment text
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W.P.No.1427 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.01.2025 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.No.1427 of 2025 Kosasthalai Aaru Matrum Kanimavala Pathukappu Sangam, No.1/17, Mannadi Street, No.24, Meyyur Village & Post, Uthukottai Taluk, Thiruvallur District rep. By its President R.Vasudevan ... Petitioner Vs. 1.The District Collector, Thiruvallur District, Thiruvallur. 2.The Assistant Director of Geology and Mining, Collectorate Office, Thiruvallur District. 3.The Executive Engineer, Kosasthalai River Water Basin, Public Works Department, Thiruvallur & District. 4.The Tahsildar, Uthukottai Taluk, Thiruvallur District. 5.The Tahsildar, Thiruvallur Taluk, Thiruvallur District. ... Respondents https://www.mhc.tn.gov.in/judis
W.P.No.1427 of 2025 Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the official respondents to take appropriate legal action against the large scale illegal mining of sand, soil and savudu from the Government lands, Kosasthalai river basin as well as excavation of sand and savudu from the patta lands in excess of permissible limits in Meyyur, Vembedu, Rajapalayam, Somadevanpattu and Eraiyur villages of Uthukottai Taluk and Thiruvallur Taluk respectively, Thiruvallur District and to protect the Kosasthalai river and river basin from illegal sand mining forthwith in consideration of representation submitted by the petitioner Sangam within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents : Mr.M.Suresh Kumar, Additional Advocate General assisted by Mr.E.Vijay Anand, Additional Government Pleader ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the official respondents to take appropriate legal action against the large scale illegal mining of sand, soil and savudu from the Government lands, Kosasthalai river basin as well as excavation of sand and savudu from the patta lands https://www.mhc.tn.gov.in/judis
W.P.No.1427 of 2025 in excess of permissible limits in Meyyur, Vembedu, Rajapalayam, Somadevanpattu and Eraiyur villages of Uthukottai Taluk and Thiruvallur Taluk respectively, Thiruvallur District and to protect the Kosasthalai river and river basin from illegal sand mining forthwith. 2. Mr.G.Sankaran, learned senior counsel appearing on behalf of the petitioner would submit that large scale illegal mining of sand, soil and savudu from the Government poramboke lands in Kosasthalai river are permitted with the active collusion of the authorities.
The department authorities, revenue authorities, police authorities and authorities from the Water Resources Organisations are not initiating any action to prevent illegal sand mining. Thus, the present writ petition came to be instituted. 3. Mr.M.Suresh Kumar, learned Additional Advocate General would submit that all actions are initiated to prevent illegal mining of sand, soil, savudu etc., Permissible limit alone to be permitted as per the license and the quantum permitted to the licensee. Special Task Force in the Districts are constituted for effective prevention of illegal mining of sand, soil etc., Therefore, all further actions will be initiated. 4. In view of the said submission, we direct the respondents to initiate immediate action to prevent illegal mining of sand, soil and savudu https://www.mhc.tn.gov.in/judis
W.P.No.1427 of 2025 from the Government poramboke lands, Kosasthalai river basin as well as excavation of sand and savudu from the patta lands in excess of permissible limits in Meyyur, Vembedu, Rajapalayam, Somadevanpattu and Eraiyur villages of Uthukottai Taluk and Thiruvallur Taluk respectively. In the event of violation of terms and conditions of the license or any illegal mining of sand are identified or permitted by any Government authority, the petitioner is at liberty to move this Court by filing an appropriate application including contempt petition for initiation of all further actions. 5. With the above observation, the writ petition stands disposed of. There shall be no order as to costs. [S.M.S., J.] [V.L.N., J.] Index: Yes/No 17.01.2025 Neutral Citation: Yes/No mmi To 1.The District Collector, Thiruvallur District, Thiruvallur. 2.The Assistant Director of Geology and Mining, Collectorate Office, Thiruvallur District. Page 4 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1427 of 2025 3.The Executive Engineer, Kosasthalai River Water Basin, Public Works Department, Thiruvallur & District. 4.The Tahsildar, Uthukottai Taluk, Thiruvallur District. 5.The Tahsildar, Thiruvallur Taluk, Thiruvallur District. Page 5 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1427 of 2025 S.M.SUBRAMANIAM, J. AND V.LAKSHMINARAYANAN, J. mmi W.P.No.1427 of 2025 17.01.2025 https://www.mhc.tn.gov.in/judis