GOVINDASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition, in public interest, was preferred by the petitioner in the year 2006 for declaring that the order dated 19.11.2006 contained in proceeding No.Na.Ka.1171/2006(minerals-1) passed by the first respondent as illegal.

(2.) BY the impugned order, the District Collector, Krishnagiri, granted permission to the Executive Engineer, Public Works Department to make sand quarry in S.No,20 of Gangaleri Village and S.No,96 in Kondepalli Village, both in Krishnagiri Taluk, Krishnagiri District. The petitioners, who are farmers of the concerned Villages specifically pleaded that the boundary of Marikampalli in S.No,96 lies 300 meters from the bridge. Within 5 meters from the said bridge, in the eastern direction, two infiltration wells have been constructed by the Tamil Nadu Water and Drainage Board (TWAD) in order to take drinking water to more than 100 villages surrounding the area and it caters to the drinking water need of more than 50,000/- people. Pumping installations have also been set up to transport water from these infiltration wells. Further, about 15 meters away from the wells in eastern direction, one more infiltration well is available. Another well lies in just 60 meters away from the Marikampalli's western boundary. From this well, survey number extends 400 meters further in eastern direction. The second well lies in S.No,20. From the well situated in S.No,20 drinking water is supplied to more than 5,500 people living in different colonies of the village. The third well in S.No,96 supplies water to a distillery owned by Chemplast Sanmar Limited situated in Krishnagiri. Three wells are situated in S.No,96 in revenue Village Kondepalli. The fourth well is situated in S.No,20 in revenue Village Gangaleri. It was alleged that if the respondents are allowed to quarry sand from the river bed, as it will be within 500 meters from the well and the bridge, it will not only go against the provisions of law, but, will go against the public interest.

(3.) THERE was no board indicating details of permission granted. Even now, on the date of inspection, sand mining was going on with several tractor trailers being loaded.