JEYAMARY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1st to 4th respondents to stop the illegal quarrying at S.Nos.210, 211 and 207 Aladipatti Village, Aladipatti Post, Aruppukottai Taluk, Virudhunagar District and consequently direct the respondents 1 to 4 to take action against the 5th respondent for the illegal quarrying by considering the representation of the petitioner dated 21.01.2021 within the stipulated time.

(2.) The learned counsel for the petitioner would state that the 5th respondent is running a stone quarry in the abovesaid address and illegally conducting quarrying operation without any permit or licence. There is an Oorani namely, Thandan Oorani in S.No.211/8 situated adjacent to the said quarry and all of a sudden, the 5th respondent has filled up sand blocking the flowing of water in the Oorani, due to which, flowing of water during rainy season into the agricultural lands in and around the quarry has been completely stopped by the 5th respondent. According to the petitioner, not only his agricultural field is situated adjacent to the quarry, but also some other villagers' agricultural fields are situated and in view of the stone quarry which is raised over 200 meters, the stones of huge size in nature are flying and fallen into the agricultural fields and strewn all over the road posing danger to the villagers and public at large. Therefore, the petitioner made a representation dated 04.08.2020, in this regard and based on his representation, a proposal letter was sent to the 3rd respondent by the 2nd respondent dated 10.08.2020 directing the 3rd respondent to inspect the 5 th respondent's quarry and to conduct a detailed enquiry and submit a report.

(3.) According to the petitioner, till date, the 3rd respondent neither conducted inspection nor enquiry for reasons best known to him. The petitioner sent second collective representation dated 26.08.2020 on behalf of the villagers to the respondents 1, 3 and 4 to cancel the licence granted to the 5th respondent and to save the villagers to live in a peaceful manner, but no action was taken. Now the 5th respondent is using high explosives for his illegal quarrying operations affecting the regular activity of the villagers. Thereafter, the petitioner sent 3rd representation dated 21.01.2021 and pursuant thereto, a proposal was sent to the 3rd respondent by the 2nd respondent to conduct inspection and submit a report. Inspire of repeated requests, the 3rd respondent did not take any step to prevent the illegal quarrying operations by the 5th respondent. Hence, this writ petition.