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2025 DAILYLAW 163468 (MAD)

S.M.A.GANDHIMATHI NATHAN v. THE STATE OF TAMIL NADU

WP(MD)/21678/2017 · 2025-02-18

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

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1 W.P.(MD)NO.21678 OF 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.21678 of 2017 AND W.M.P.(MD)No.17975 of 2017 S.M.A.Gandhimathi Nathan ... Petitioner Vs. 1. The State of Tamil Nadu, Rep. By the Chief Secretary, Fort St. George, Secretariat, Chennai – 9. 2. The State of Tamil Nadu, Rep. By the Principal Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Secretariat, Chennai – 9. 3. The State of Tamil Nadu, Rep. By the Principal Secretary to Government, Public Works Department(PWD), Fort St. George, Secretariat, Chennai – 9. 4. The Chief Engineer, O/o.the Chief Engineer, Public Works Department, Water Resource Organization, PWD Buildings, Chepauk, Chennai – 5. 1/6 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.21678 OF 2017 5. The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-32. 6. The District Collector, Collectorate, Thoothukudi District. 7. Mr.N.Venkadesh, I.A.S., District Collector, Collectorate, Thoothukudi District. (R-7 is deleted vide order dated 01.10.2019 in W.M.P.(MD)No.19243 of 2017) 8. Mr.Ramachandran, Tahsildar, Thoothukudi Taluk, Thoothukudi District. 9. Mr.Thomas Bias Arul, Tahsildar, Srivaikundam Taluk, Thoothukudi District. 10. Mr.Azhagar, Tahsildar, Thiruchendur Taluk, Thoothukudi District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the respondents 6 to 9 for failing in their duty by not preventing the illegal quarrying of Savadu Soil(Coarse Sand) by the soil mafia under 2/6 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.21678 OF 2017 the guise of desilting Sediment Soil(Alluvial Deposits) in 53 ponds mentioned in paragraph No.5 of the affidavit situated at Srivaikundam, Thoothukudi and Thiruchendur Taluks in Thoothukudi District within the time stipulated by this Court. For Petitioner : Mr.S.Rajasekar For R-1 to R-6 : Mr.S.R.A.Ramachandran, Additional Government Pleader. For R-8 to R-10 : Mr.Govindan For R-7 : No appearance. * * * O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and the learned counsel appearing for respondents 8 to 10. 2. The prayer made in the writ petition is for taking disciplinary action against some officials. 3. The writ petition was filed way back in November 2017. We are now in February 2025. Due to efflux of time, we are of the view that this relief cannot be granted. 4. The core allegation of the petitioner is that the tanks in 3/6 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.21678 OF 2017 Thoothukudi District have not been properly desilted and that is why, even though Thoothukudi District witnessed heavy downpour recently, the tanks have not filled up to their full capacity. 5. We are satisfied that this contention deserves to be considered by the District Collector, Tuticorin. In fact the learned Additional Government Pleader stated that desilting operations were carried out. We direct the sixth respondent namely, the District Collector, Thoothukudi to ensure that all the tanks in Thoothukudi District are desilted at regular intervals. Of course we are conscious that this may have financial implications also. However, every endeavour shall be made to ensure that the tanks receive rain to their full capacity, as and when the occasion arises. The District Collector may also ensure public participation in this work. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 18th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.21678 OF 2017 To: 1. The Chief Secretary, Fort St. George, Secretariat, Chennai – 9. 2. The Principal Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Secretariat, Chennai – 9. 3. The Principal Secretary to Government, Public Works Department(PWD), Fort St. George, Secretariat, Chennai – 9. 4. The Chief Engineer, O/o.the Chief Engineer, Public Works Department, Water Resource Organization, PWD Buildings, Chepauk, Chennai – 5. 5. The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-32. 6. The District Collector, Collectorate, Thoothukudi District. 5/6 https://www.mhc.tn.gov.in/judis 6 W.P.(MD)NO.21678 OF 2017 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU W.P.(MD)No.21678 of 2017 18.02.2025 6/6 https://www.mhc.tn.gov.in/judis