P.RENGASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition filed as a public interest litigation by a resident of Karattampatti Village, Musiri Taluk, Tiruchirappalli District, seeks for issuance of a writ of certiorarified mandamus to quash the proceedings of first respondent, dated 14.08.2018, granting permission to the fourth respondent for quarrying stone in Survey No.63 of Karatampatti Village, Musiri Taluk, Tiruchirappalli District and for a consequential direction to the official respondents to preserve the water body, check dam, water supply system in the said survey number.

(2.) The petitioner would state that the land comprised in Survey No. 63 of Karatampatti Village, measures a total extent of 6.13.0 Hectares and it is a water body, but has been wrongly shown in the revenue records as a rocky terrain. It is stated that in the said land, there is a Kasivu Neer Kuttai (xxx xxx) and a check dam constructed by the Public Works Department during the year 1985 - 1986 with a bund (xxx xxx), measuring a breadth of 20 Feet and height of 15 Feet. A borewell was installed inside the water body utilizing the funds allotted to the Member of Legislative Assembly incurring a cost of Rs.3,00,000/-, which is the main drinking water source for the said Village.

(3.) Further, it is stated that there is a graveyard situated near the water body and several trees are planted on the bund margin. An electricity transformer is located within the radius of 100 Meters, Pulivalam forest is at a distance of about 500 Meters and there are houses also nearby the water body. It is further stated that periodically, the villagers undertake cleaning and deepening work of the water body and roughly 4000 men are deployed, who are all villagers in and around the said area. This is done because the said water body is the main source for irrigating the crops. It is submitted that the official respondents, without conducting any spot inspection and without ascertaining the physical and geographical condition of the land and without undertaking environmental impact assessment, mechanically passed the impugned order, dated 14.08.2018, granting stone quarry lease to an extent of 2.71.0 Hectares in favour of the fourth respondent. On coming to know about the grant of stone quarry lease in favour of the fourth respondent, which will have a great impact on the water body as well as the flora and fauna in the area, the villagers submitted a representation requesting the Authority concerned to make a spot inspection and cancel the lease granted in favour of the fourth respondent. According to the petitioner, the representation did not evoke any response from the Authority concerned and therefore, he, on behalf of himself as well as the villagers, has approached this Court by filing this writ petition.