C K CHINNASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH the writ petitions relates to sand mining in the river beds within the State of Tamil Nadu. The impact of sand mining on the ground water, agriculture, environment, i.e., ecology, having been questioned and being of great public importance, they were heard together and are disposed of by this common order. W.P. No. 9042 of 2006 :

(2.) THIS writ petition was preferred, in public interest, by the petitioner for directing the respondents to constitute a committee of their choice or the committee consisting scientist from the Department of Geology and Mining, Department of Environment to have an environmental impact assessment regarding the potential intrusion of sea water beneath the ground and spoilage of fresh ground water due to indiscriminate mining of sand along the "Vaippar River" near Subramaniapuram. 'Vaippar River' is in the southern edge of the State of Tamil Nadu and traverses through Vilathikulam Taluk, Tuticorin District and other districts. In fact, this river, formed by its streams, originates from the eastern slopes of Western Ghats in Kerala. It confluences with 13 rivers flowing from various districts of Tamil Nadu, such as Tirunelveli, Tutocorin, Virudhunagar and Madurai. It benefits the people in general and agrarians covering a total irrigation area of about 5,423 sq. kms. Apart from agricultural purposes, the river water is a source of drinking water for the villagers in the vicinity on either side of it. It is informed that about eleven dams, a check dam and six water conservation reservoirs have been constructed in different parts in the four districts within Tamil Nadu, but the river gets water flow only during rainy season. Finally it enters into the Bay of Bengal at Vaippar Village, so known as Vaippar River in Tamil Nadu.

(3.) THIS public interest litigation was preferred by the petitioner, Theni Maavatta Vivasayigal Nala Sangam, represented by its Secretary, for direction on the first respondent, the District Collector, Theni, not to permit quarrying of sand in 'Vaigai River' by Government run sand quarry or through tender notification from Duraisamipuram Check Dam to Ammachiapuram Check Dam in survey Nos. 1, 6, 7, 14, 333, 344, 371, 372, 686, 728, 729, 731, 732, 733, 734, 878, 879, 880, 904, 905, 906, 907/1, 907/2 of Vallanadhi Village, Survey Nos. 1036, 995, 960, 957, 929/1, 640/1, 597/1, 396, 374, 356/1, 300 of Kunnoor Village and Survey Nos. 193, 204, 205 and 306 of Govindanagaram Village in Theni District.