A. Vijaya Murugan v. The Government of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDated:- 07.01.2008Coram:-The Hon'ble Mr. Justice S.J.MUKHOPADHAYAandThe Hon'ble Mr. Justice M.VENUGOPALWrit Petition No.32943 of 2004and WPMP No.39863 of 2004& WVMP No.167 of 2005A.Vijaya Murugan... Petitionervs.1. The Government of Tamil Nadu,represented by the Secretaryto the Government,Industries Department, Fort St. George, Chennai 600 009.2. The Director,Pollution Control Board,Guindy, Chennai-25.3. The Collector,Virudunagar,Virudunagar District.4. Chindia Granites (P) Ltd.,13/63A, Satchiapuram Road,Tiruthangal-626 130,Sivakasi Taluk, Virudunagar District.... RespondentsWrit Petition under Article 226 of the Constitution of India for theissuance of a mandamus as stated therein.For petitioner: Mr.P.RajendranFor R-1 & R-3: Mr.S.Gopinathan,AGPFor R-2: Mr.RamanlalFor R-4: Mr.S.Navaneethakrishnan https://hcservices.ecourts.gov.in/hcservices/ J U D G M E N T (Delivered by S.J.Mukhopadhaya, J.)This Writ Petition, in public interest, has been preferred bythe petitioner for the issuance of a writ of mandamus, directingrespondents-1 to 3 to cancel the permission given to the fourth respondentto carry on mining operations for multi coloured granite in the 1.28.5hectares of lands in Survey Nos.168, 169/8A and 169/8B in PudukottaiVillage, Sivakasi Taluk, Virudunagar District.2. According to the petitioner, Vellur Thathaperumalkulam Tankis the basic source of water for agriculture and about 300 acres of ayacutcultivating paddy crop and 500 acres of dry crop depend upon the waterfrom the said Tank. Those lands have been getting water from the Tank forthe past several centuries. Besides agriculture, the Tank is also thesource 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 forirrigation purposes and also for grazing cattle in the said area. The Tankis getting its entire water from the neighbouring catchment area of about43 sq. km. Water flowing from the catchment area is enough to fill theTank every year and adequate water is supplied for cultivation of landsand for supply of drinking water. If the Tank does not receive its regularinflow, about 300 acres of ayacut cultivating paddy crop and 500 acres ofdry crop will be affected. Besides that, supply of drinking water toabout 20000 families of adjacent villages will be put to jeopardy, cattlegrazing will be affected and job opportunities to about 4000 farmers willalso be hit. Since the site of the fourth respondent is proximate to thecatchment area, very nearer to the Tank in question, and at one point, thedistance between the tank and the said lands being 600 Mts., quarryingoperations will completely obstruct free flow of water into the VellurTank from the 43 sq. km. catchment area, affecting cultivation of paddycrop and dry crops. Further, it will also cause environmental pollutionin the locality.3. Learned counsel appearing on behalf of the petitionerinformed that the quarry site is nearer to three ancient temples, namely,Shri Melanmadai Muniandi Temple, Shri Ayyanar Temple and ShriPathirakaliamman Temple, and people going to these temples to worship willbe disturbed by the quarrying operations. Further, the same will alsocause noise pollution in the area and will affect the health of the public.4. Learned counsel appearing on behalf of the first respondentsubmitted that the State Government, after duly considering variousaspects of the matter, issued G.O. 3(D) No.62, Industries (MMB-2)Department, dated 15.12.2003, granting lease in favour of the fourthrespondent for quarrying multi coloured granite for 20 years. Placing https://hcservices.ecourts.gov.in/hcservices/ reliance on the Combined Map of Pudukottai Village Part and VelloreVillage Part, District: Virudhunagar, Taluk: Sivakasi-Pudukottai Villageand Virudhunagar-Villore Village, submitted by the Collector, VirudunagarDistrict, he pointed out that the quarrying site is about 500 to 600 Mts.away from the Tank, the feeding channel to the Tank is located on thenorthern side and Temples are far away from the quarry which is on theother side of the Tank; that being so, there is no substance in thecontentions raised by the learned counsel for the petitioner.5. According to the learned counsel for the 4th respondent, thelease granted by virtue of the Government Order dated 15.12.2003 has notbeen challenged by the petitioner and therefore, no relief can be grantedin the present case. 6. Learned counsel appearing for the Tamil Nadu PollutionControl Board, while making his arguments, mainly relied on paragraphNos.6 to 8 of the counter affidavit, which read as follows:-" 6. It is respectfully submitted that ThathaPerumalkulam Tank with an extent of about more than 50 acresis located at a distance of 500m from the unit. The source ofwater in the tank is rain water and about 150 acres of ayacutis being cultivated using the tank water. Eight numbers ofborewells located inside the tank are utilized for drinkingpurposes of the villages located nearby namely Vellore,Kumarapuram, Sathapillaipatty, Muthukumarapuram,Chidamabarapuram etc. with a total population of about 10,000.If the quarrying activities are carried out to a depth of morethan 23 feet, the tank water may reach the quarry resulting inreduction of water into the tank and no methodology was drawnby the unit either to control ground vibration or to stop theleaching of the tank water into quarry.7. It is respectfully submitted that Vellore withpopulation of 800 is located at a distance of 1.5km,Pudukottai with population of 200 is located at a distance of1.2km kalayar kular kurichi with population of 300 is locatedat a distance of 2 km and temple is located at a distance of0.7km from the quarry. Hence the quarry operation may disturbthe village people with less magnitude and may not affect theworship of the people in the temple.8. It is respectfully submitted that about 500-700peacocks are found in the locality. The quarrying operationwill disturb the peacocks and they may disappear. Thequarrying operation may affect the ecology, environment of thetank and surrounding area as the proposed quarry site islocated at a distance of 0.5km from Kulam." https://hcservices.ecourts.gov.in/hcservices/

7. We have heard the counsels appearing for the parties and alsonoticed the stand taken by the Tamil Nadu Pollution Control Board asreferred to above. Admittedly, the Government Order dated 15.12.2003, bywhich the fourth respondent was granted lease for quarrying multi colouredgranites for 20 years, is not under challenge; thus, generally, a publicinterest litigation against such order is not entertained by this Court.However, taking note of the submission made/information furnished by thelearned counsel appearing for the Tamil Nadu Pollution Control Board tothe effect that if quarrying activities are carried out to the depth ofmore than 23 ft., the Tank Water may reach the quarry resulting inreduction of water level in the tank; that no methodology was drawn bythe Unit either to control ground vibration or to stop the leaching of thetank water into quarry and that the quarrying operation may disturbPeacocks, by reason of which, there is an apprehension that they woulddisappear; we are of the view that the Tamil Nadu Pollution Control Board,Chennai, should enquire into the matter and take all necessary steps toensure that the public in general and their source of water for irrigationand drinking purposes are not affected due to multi coloured granitequarrying operations by the fourth respondent. The secondrespondent/Board is accordingly directed to make inspection of the quarrysite and suggest/evolve the safeguards/measures that are required to betaken; forward a copy of the report in that regard to the DistrictCollector of Virudhunagar District; and insist upon the fourth respondentto take all necessary steps/precautionary measures as adverted to in theReport and also to adopt the methodology to control ground vibration andstop leaching of the water into the quarry, whereupon, the fourthrespondent shall take instant steps for compliance so as to ensure thatthe Tank Water is not reduced. In case of non-compliance within thetime-frame as may be provided by the Board for compliance, it may informthe District Collector, Virudhunagar District and the competent authoritymentioned in the Government Order ie., G.O.3(D) No.62, Industries (MMB-2)Department, dated 15.12.2003, who may take appropriate steps to cancelthe lease, of course, after notice and hearing the fourth respondent.Writ Petition stands disposed of with the aforesaid observationsand direction, but, there shall be no order as to costs. ConnectedMiscellaneous Petitions stand closed. JI.Sd/-Asst.Registrar/true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To1. The Secretary to the Government, Industries Department, Fort St. George, Chennai 600 009.2. The Director, Pollution Control Board, Guindy, Chennai-25.3. The Collector, Virudunagar, Virudunagar District.+1 cc to Mr.S.Navaneethakrishnan, Advocate Sr.No.1116.+1 cc to Mr.P.Rajendran, Advocate Sr.No.1220.+1 cc to The Government Pleader Sr.No.1250.SR(CO)dcp/24.1W.P. No.32943 of 2004& connected MiscellaneousPetition.