D. RASALRAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to stop the lorries of the respondents 6 to 10 from the usage of the roads of the villages situated at Kalloorani to Kurunaikulam, Madathupatti, Kandamangalam and Thiruchuli situated at Virudhunagar District, for transporting their heavy loaded quarry materials and consequently direct the respondents 1 to 5 to take action against the 6th to 10th respondents for having utilised the public road for transportation of quarry materials, by considering the petitioner's representation dated 17.02.2021 within the stipulated time.

(2.) The learned counsel for the petitioner would state that there is a separate Thar road laid and situated for the movement of heavy vehicles by 20 kms on the way of Kalloorani, Northempatti, Muthurama Lingapuram and Aladipatti vilakku and without using the said Thar road, in order to save the fuel and time, the lorries of the respondents 6 to 10 are proceeding with quarried materials on the kanmai road situated near Velankulam Kanmoi thereby affecting the bunds of Velankulam Kanmoi, agricultural activity, villagers and public at large and the abovesaid lorries must be prevented for the safety of the villagers, Hence, the petitioner sent a representation dated 29.01.2021 through the Perunthalavar Makkal Mennetra Kazhagam to the respondents 1 to 5, but no action was taken. He would further state that there is a school namely, SPK Higher Secondary School situated on the way which are used by the lorries for carrying out the quarried materials and due to the dust emanated by the abovesaid lorries while plying, the students of the school are very much affected. According to the petitioner, no prior permit was received from the revenue authorities for plying the abovesaid lorries through the kanmoi bunds and through the water bodies which are to be preserved for the welfare of the villagers and the Velankulam Kanmai situated in the village is the main source of irrigation and for agricultural purposes. Narrating the above, the petitioner has made a representation dated 17.02.2021 to the respondents 1 to 5, but no action was taken. Hence, this writ petition.

(3.) The 8th respondent has filed counter. The learned counsel for the respondents 6 to 10 would state that the allegation of the petitioner that plying of lorries owned by the respondents 6 to 10 affects the kanmai and water bodies on Kallurani to Karunaikulam road, is only to threaten the respondents 6 to 10/quarry owners and to extract money from them. Mere usage of public road for transportation of quarried materials cannot be termed as illegal and plying of transport vehicles through the rural roads no way affects the Velankulam kanmai and the other water bodies located abutting the roads. He would further state that in 2010, a peace committee meeting was conducted by the revenue officials regarding the usage of the subject narrow roads for transporting the quarried materials, in which, the villagers and the respondents 6 to 10/quarry operators participated and the quarry operators accepted and followed the instructions given by the revenue officials and utilising the subject roads for transporting minerals and till date, no untoward incident has occurred and even the damage to the road due to natural factors were repaired by the quarry operators at their own cost. According to the private respondents, their lorries are plying only in the roads and not in the kanmai area as alleged by the petitioner and now the water body is filled with rain water. The allegation of the petitioner that due to transportation of lorries, agricultural activities are very much affected, is highly improbable and false. Further, plying of lorries no way intervenes the school activity and the students' movement.