V GANESAN Vs. DISTRICT COLLECTOR TIRUNELVELI

JUDGEMENT

(1.) The petitioner has filed the present writ petition, seeking to set aside the order dated 26.09.2007 wherein and by which the fourth respondent was permitted to quarry. This challenge is on the ground that the quarrying area granted to the petitioner is situated within 5 kms radius of the Koodankulam Nuclear Power plant and such a grant of license is in violation of G.O.Ms.No.829 Public Works Department dated 29.04.1991.

(2.) Notice of motion was ordered on this writ petition on 14.12.2007. Pending the writ petition, this Court by an order dated 25.11.2008 appointed an Advocate Commissioner to visit the suit property and measure the property with the help of the Surveyor and to submit a report. Subsequently, by a further order dated 28.07.2009, the Taluk Surveyor of Irukkandurai and Koodankulam were directed to be present on 19.08.2009 at Irukkandurai Village in S.Nos.181/1, 183, 184/3, 184/7 and 185 along with respective Field Map Books.

(3.) The Advocate Commissioner so appointed submitted an interim report dated 10.12.2008 and a final report dated 26.08.2009. In the final report, he had stated that the disputed quarries in S.Nos. 181/1, 183, 184/3, 184/7 and 185 are all situated within the radius of 5 km from the Nuclear Reactor. He also submitted 3 Annexures along with the report.