K ANBUTHURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED against granting permission to quarry sand in Nambi River as seen from the Tirunelveli Kattabomman District Gazette Notification, dated 30.9.1995, the petitioner for the cause of public interest has filed the present writ petition in W.P. No. 16671 of 1995 for quashing the said Gazette Notification dated 30.9.1995. On 5.12.1995 this Court has entertained the writ petition and also granted interim injunction in W.M.P. No.26470 of 1995 and also issued a positive direction to the sixth respondent (P.Selvaraj - petitioner in W.P. No. 1008 of 1996) to forthwith stop quarrying operation. In view of the interim order by this Court as well as serious objections by the public, the District Collector, Tirunelveli- Kattabomman District by the impugned order dated 7.12.1995, cancelled the lease granted in favour of the sixth respondent in the said writ petition. The said order is being challenged in the later writ petition, namely, W.P. No.1008 of 1996, Since both the writ petitions are inter-connected, the same can be disposed of by a common order.

(2.) INASMUCH as in pursuance of the interim order of this court dated 5.12.1995 and on the basis of the public objections, the lease granted in favour of sixth respondent has been cancelled, no further adjudication is required in W.P. No.16671 of 1995, consequently, the same is dismissed.

(3.) ON behalf of the respondents, the first respondent, namely, District Collector, Tirunelveli Kattabomman District filed a counter-affidavit wherein he has admitted that the petitioner was a successful tenderer and he was allowed to quarry. It is also contended in the counter affidavit that the general public in and around Thiruvambalapuram village raised objections and represented to the Collector to stop the sand quarry on the plea that they may be deprived of drinking water and water for agricultural operations. The District Collector, Tirunelveli, has directed the Sub-Collector, Cheranmahadevi and the Assistant Director of Geology and Mining, Tirunelveli to inspect the lease granted area. The Sub Collector, Cheranmahadevi, after inspection, reported that the Holy mosque of Athankaraipallivasal is very near to the lease area and that if sand is quarried, the water in the drinking water well may turn saline. The Sub Collector has recommended to cancel the lease. The lease was cancelled by the impugned order. ONe K.Anbuthurai has also filed a writ petition in W.P. No.16671 of 1995 before this Court to stop the above said sand quarry and this Court also granted injunction until further orders. Even before the receipt of the injunction order, the quarry operation relating to the petitioner was stopped on 23.11.1995. It is also contended in the counter affidavit that in view of the public objection, existence of Holy mosque very near to the quarry and of the fact that there is likelihood of drinking water becoming saline, the Collector has cancelled the lease and directed the petitioner to get refund of Rs.1,24,875 out of the total lease amount of Rs.2,02,500 remitted by him. It is also contended that against the order of District Collector the petitioner has not preferred appeal before the Commissioner of Geology and Mining, Madras and that the petitioner has not exhausted the appeal provisions as per Rule 36(C)(2) of Tamil Nadu Minor Mineral Concession Rules, 1959.