A VIJAYA MURUGAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition, in public interest, has been preferred by the petitioner for the issuance of a writ of mandamus, directing respondents-1 to 3 to cancel the permission given to the fourth respondent to carry on mining operations for multi coloured granite in the 1. 28. 5 hectares of lands in Survey Nos. 168, 169/8a and 169/8b in Pudukottai Village, Sivakasi Taluk, Virudunagar District.

(2.) ACCORDING to the petitioner, Vellur Thathaperumalkulam Tank is the basic source of water for agriculture and about 300 acres of ayacut cultivating paddy crop and 500 acres of dry crop depend upon the water from the said Tank. Those lands have been getting water from the Tank for the past several centuries. Besides agriculture, the Tank is also the source of water supply to the people of nearby five villages viz. , Kumarapuram, Muthukumarapuram, Vellur, Saththapillai and Chidambarapuram. About 7000 people and 150 families totally depend upon the said tank for irrigation purposes and also for grazing cattle in the said area. The Tank is getting its entire water from the neighbouring catchment area of about 43 sq. km. Water flowing from the catchment area is enough to fill the Tank every year and adequate water is supplied for cultivation of lands and for supply of drinking water. If the Tank does not receive its regular inflow, about 300 acres of ayacut cultivating paddy crop and 500 acres of dry crop will be affected. Besides that, supply of drinking water to about 20000 families of adjacent villages will be put to jeopardy, cattle grazing will be affected and job opportunities to about 4000 farmers will also be hit. Since the site of the fourth respondent is proximate to the catchment area, very nearer to the Tank in question, and at one point, the distance between the tank and the said lands being 600 Mts. , quarrying operations will completely obstruct free flow of water into the Vellur Tank from the 43 sq. km. catchment area, affecting cultivation of paddy crop and dry crops. Further, it will also cause environmental pollution in the locality.

(3.) LEARNED counsel appearing on behalf of the petitioner informed that the quarry site is nearer to three ancient temples, namely, Shri Melanmadai Muniandi Temple, Shri Ayyanar Temple and Shri Pathirakaliamman Temple, and people going to these temples to worship will be disturbed by the quarrying operations. Further, the same will also cause noise pollution in the area and will affect the health of the public.