A.Nasaren Durai vs State of Tamil Nadu

WP(MD) No. 21644 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN
AND
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
WP(MD) No. 21644 of 2024
and
W.M.P.(MD)No.18282 of 2024

CNR:{HCMD010952422024}
A.Nasaren Durai
..Petitioner(s)
Vs
1. State of Tamil Nadu
Represented by the Principal Secretary,
Mines and Minerals Department,
Government of Tamil Nadu,
Fort St. George,
Chennai - 600 009.
2. The Director
Department of Geology and Mining,
Head Office, Alandur Road,
Guindy, Industrial Estate,
Chennai - 600 032.
3. The District Collector
Office of the District Collector,
District Collectorate,
Thoothukudi District.
4. The Assistant Director
Department of Geology and Mining,
Thoothukudi,
Thoothukudi District.
5. The Tahsildar
Office of the Tahsildar,
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WP(MD) No. 21644 of 2024
Thiruchendur Taluk,
Thoothukudi District.
6. The Revenue Divisional Officer
Office of the Revenue Divisional Officer,
Thiruchendur Taluk,
Thoothukudi District.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Mandamus, direct the respondents to prevent illegal
sand mining activities in the Naalairamudiyarkulam in Survey No.853/1 and
Nathankulam Ponds, Kandasamypuram Village, Thiruchendur Taluk,
Thoothukudi District based on the Tamil Nadu Minor Mineral Concession
Rules 1959, and G.O. Ms. No.50 dated 27.04.2017 in the interest of the
ecosystem and public in accordance with law within the time stipulated by this
Court.
For Petitioner(s): Dr.R.Alagumani
For Respondent(s): Mr.K.K.Udayakumar (R1 to R6)
Government Advocate
ORDER
(Order of the Court was made by C.V.Karthikeyan J.)
The writ petition has been filed in the nature of Public Interest Litigation
seeking a direction to the respondent preventing illegal sand mining activities in
Naalairamudiyarkulam in Survey No.853/1 and Nathakulam ponds,
Kandasamypuram Village, Thiruchendur Taluk, Thoothukudi District based on
the Tamil Nadu Minor Mineral Concession Rules, 1959 and G.O.Ms.No.50
dated 27.04.2017.
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WP(MD) No. 21644 of 2024
2. In the affidavit filed in support of the writ petition, it had been
contended that individuals were involved in digging up the aforementioned
ponds in Kandasamypuram Village, Thiruchendur Taluk. It had been stated that
this had directly affected the retention of the water in the said pond. This would
also affect the ecosystem.
3. We had directed the Tahsildar, Tiruchendur to file a report. A report
had been accordingly filed by the Tahsildar, Tiruchendur, wherein it had been
stated as follows:
“ It is submitted that in Tiruchendur Taluk, the details of permission given to
the agriculturists to remove silt from the tanks as follows:
Sl.N
o
Total
applications
received
Accepted
applications
Applications
rejected
Pending
Applications
Permitted
removal of silt
(Cubic meter)
1. 329 246 83 .. 28861.00
Permission given in Nalayeramudayar and Nathakulam in
Kandasamypuram village in Tiruchendur Taluk:
Sl.No. Name of the tank No.of application
permission given
Permitted
Quantity of Silt
(Cu.M.)
1. Nalayeeramudayar Kulam 69 6687.00
2. Nathakulam 49 6482.00
Total 115 13169.00
Permission to quarry and remove silt is given as per the Notification of the
District Collector, Thoothukudi in Pro.Roc. G.M.1/100/2024 dated 15.07.2024.
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WP(MD) No. 21644 of 2024
The agriculturists applying for silt shall apply on line by indicating patta and
adangal details. Only on the basis of the length and breadth of the land
permission to quarry and remove silt shall be given and that there cannot be
any illegality in the issue of permit. Thereafter on the basis of the permission,
the Water Resources Department authorities shall issue trip sheet to the silt
from the place indicated in the permit. The officials from the agriculture
department is also monitoring as to whether the silt is being removed correctly
anremd taken to the land where it is intended.
7. It is humbly submitted that in view of the fact that the present writ petition
has been filed in WP (MD) No. 21644 of 2024 stating irregularities in removal
of silt in Nalayiramudayar Kulam and Nathakulam, no permission was given to
the Agriculturists to quarry and remove silt sand in the above two tanks so-far.
8. It is submitted that the Assistant Engineer, Irrigation section of the Public
Works Department and Thenkal Branch and Assistant Engineer, WRD,
Thenthiruporai are measuring the silt and clay in each tank and to give transit
pass to carry the removed silt and clay daily for each vehicle and the
agriculturists of the area are removing the silt and clay soil for To verify as to
whether the silt and clay the agricultural use. removed from each tank are taken
to the destination as per the permit is being verified by the Assistant
Agricultural Officer as per the orders of the District Collector, Thoothukudi
vide Pro.Roc. GM1/100/2024 dated 15.07.2024.
9. It is most humbly submitted that the removal of silt/clay soil from the
tanks do not damage the bunds of the tank. Since silt/clay soil is being removed
it has facilitated storage of water for use in the agricultural operations in the
vicinity. There are no registered or un-registered brick manufacturing units in
Tiruchendur Taluk and hence the silt and clay removed from the tanks are not
being taken to Brick kiln.
10. It is most respectfully submitted that the silt/clay removed and taken in
the vehicles are being subjected to frequent inspection by the Taluk Task Force.
There is no complaint received sofar on this count or on the removal of silt/clay
by the Block Agricultural field Officials. The Assistant Engineers, PWD, WRD,
Tiruchendur, Thenkal Branch and the Assistant Engineer, Thenthiruporai have
given a statement that the agriculturists have not removed silt/clay from the
tanks over and above the permits issued by the Tahsildar, Hence it is clear that
illegality in the quarrying of silt/clay in the tanks contrary to the Government
orders.
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WP(MD) No. 21644 of 2024
11.It is most humbly submitted that in Nalahyiramudayar Kulam and
Nathakulam tanks due to water logging in parts of the tanks, by taking into
consideration of the storage of water and ecological factors, and in view of the
pending writ petition before this Hon'ble Court, no permission was granted to
the agriculturists to quarry and remove silt/clay in the above two tanks so-far.”
3. The fact that the silt clay soil has been removed facilitating storage of
water for use of agricultural operations and that there are no registered or
unregistered brick manufacturing units in Thiruchendur Taluk is recorded. We
would also direct that even in future, it should be ensured that the
Naalairamudiyarkulam and Nathakulam tanks are properly maintained and there
is storage of water and ecology is balanced for the benefit of all. We place our
appreciation for all the officials concerned.
4. This writ petition stands disposed of. Consequently, connected
miscellaneous petition is closed. There shall be no order as to costs.
(C.V.K.,J.) (R.S.V.,J.)
22-09-2026
Index: Yes
Speaking
Neutral Citation: Yes
ta
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WP(MD) No. 21644 of 2024
To
1. Principal Secretary,
Mines and Minerals Department,
Government of Tamil Nadu,
Fort St. George,
Chennai - 600 009.
2. The Director
Department of Geology and Mining,
Head Office,
Alandur Road,
Guindy,
Industrial Estate,
Chennai - 600 032.
3. The District Collector
Office of the District Collector,
District Collectorate,
Thoothukudi District.
4. The Assistant Director
Department of Geology and Mining,
Thoothukudi,
Thoothukudi District.
5. The Tahsildar
Office of the Tahsildar,
Thiruchendur Taluk,
Thoothukudi District.
6. The Revenue Divisional Officer
Office of the Revenue Divisional Officer,
Thiruchendur Taluk,
Thoothukudi District.
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WP(MD) No. 21644 of 2024
C.V.KARTHIKEYAN, J.
AND
R.SAKTHIVEL, J.
ta
WP(MD) No. 21644 of 2024
22-09-2026
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