LAWS(MAD)-2008-7-358

G NEELAMMAL GOVINDARAJ Vs. STATE OF TAMIL NADU

Decided On July 21, 2008
G. NEELAMMAL GOVINDARAJ Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) 1.(Prayer: W.P. No.657 of 2006 filed for the issuance of a writ of mandamus directing the respondents not to quarry sand and to ensure that no sand quarrying is carried on within the Budur Village Panchayat or adjoining panchayats including Vilagam and Vallipuram, assess damages for the illegal quarrying and compensate the Budur Panchayat for the same.W.P. No.658 of 2006 filed for the issuance of a writ of mandamus directing the respondents to ensure that no road or path or other obstruction is constructed inside the Palar river bed commencing from Vilagam village, Thirukazhukundram Taluk, Kanchipuram District or its neighbourhood and to remove the road already constructed and remediate the area.W.P. No.10908 of 2005 filed for the issuance of a writ of mandamus directing the respondents not to quarry sand and to ensure that no sand quarrying is carried on in survey Nos.329, 329/1A and adjoining areas in the Palar riverbed in Vallipuram Village Panchayat area, Vallipuram Village No.31, Thirukazhukundram Taluk, Kanchipuram District.Contempt Petition filed under Section 10 and 12 of the Contempt of Courts Act, 70/71 to punish the respondents herein for committing contempt of the orders of this Honourable Court dated 1st April, 2005 and 7th April, 2005 in W.P.M.P. No.11867 of 2005 in W.P. No.10908 of 2005.)COMMON ORDERS.J. Mukhopadhaya, J.All these public interest litigation relates to sand mining in the river Palar. Allegation of indiscriminate sand mining in different villages having made and in view of alleged violation of the Court's interim order, all the writ petitions and contempt application were heard together and disposed of by this common order.

(2.) AGGRIEVED by the rampant sand quarrying activities on Palar river bed, adjacent to Vallipuram village, the petitioner in W.P. No.10908/05 filed the writ petition seeking a writ of mandamus directing the respondents to ensure that no sand quarrying is carried out in survey No.329 and 329/1A, assess the damage for illegal quarrying and compensate the panchayat for the same.Similar prayer has been made in W.P. No.657/06, which relates to sand quarrying on the same river within Budur village panchayat and adjacent panchayat, including Vallipuram.In another writ petition, W.P. No.658/06, prayer has been made to direct the respondent to ensure that road or path or other obstruction is constructed inside the Palar river bed commencing from Vilagam village, Thirukalukundram Taluk, Kanchipuram District or its neighbourhood and to remove the road already constructed.

(3.) THE stage of sand mining and any road formations in the riverbed to enable illegal sand mining will be inspected.