B C KRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in this writ petition is to issue a Writ of Mandamus forbearing the respondents 3 and 4 from carrying out any mining operation in S.No,383/1 in Sendarapalli Village, Krishnagiri Taluk, Krishnagiri District, till providing safeguards to the petitioner's right to enjoy his adjacent patta lands.

(2.) THE case of the petitioner is that he is the owner of the lands in Survey Nos.382/7A, 8, 9A, 9B, 9C, 10, 11, 5B, 6C and 7B in patta Nos.1131 and 744. According to the petitioner, the said lands were purchased by various Sale Deeds and the total extent of land is 10 acres 27 cents and in the said Survey No,382, the petitioner carried the quarrying operation after obtaining permission from the authorities and the lease period is already over. After expiry of the lease period, according to the petitioner, he is doing agricultural work in his patta lands. Adjacent to the above said lands, there is a Government poromboke land in Survey No,383/1 and the Tamil Nadu Minerals Limited got lease of the said lands for quarrying. THE fourth respondent is in charge of the quarrying operation, who has entrusted the same to the private contractors. THE petitioner in his affidavit stated that he has no grievance for doing quarrying operation after leaving the safety distance from the boundary line, however, the TAMIN had not provided the safety distance. THE petitioner earlier filed W.P.No,32076/2002 and by order dated 2.8.2002 and this Court directed the petitioner to make a representation to the respondents and the respondents were directed to do survey by following Section 10(2) of the Tamil Nadu Survey and Boundaries Act and dispose of the representation on merits. THE petitioner submitted a representation before the second respondent and thereafter, survey was conducted and direction was issued to TAMIN to lay the survey stones and to remove the wastages dumped there. It is also averred in the affidavit that the TAMIN without complying with the directions started quarrying operation and therefore, the petitioner filed a writ petition for a mandamus forbearing the respondents from carrying out any mining operation without complying with the statutory requirements, such removal of wastages, which were dumped in the patta lands of the petitioner and for demarcation of the boundary line by laying survey stones. This Court granted interim injunction originally, which was subsequently vacated and appointed an Advocate Commissioner to find out the dividing line for the limited purpose and report as to whether TAMIN has dumped any waste materials and if available, the quantity of such dumped materials.

(3.) IT is also stated in the counter affidavit that in the writ petition filed earlier, namely, W.P.No.14110 of 2003, while hearing the writ petition, it was reported that there is no stock of waste granite debris along the disputed boundary line. Therefore, the cause of action for maintaining the said writ petition does not survive. Relying upon the said order passed, it is stated in the counter affidavit that there is a natural water course surrounding the western boundary of the field except S.F.No,382 of the petitioner, which is connected to nearby pond where the evacuated water is now letting into. The said odai was damaged due to the mining activities taken up by the petitioner in his lease hold area of S.F.No,382 and due to the breach in the odai, the rain water which is supposed to reach the pond through the odai has entered the land of the petitioner in S.F.No,382 and thereafter, entering into the quarry site of the TAMIN in Survey No,383/1 also.