Nagaraj vs The State Of Tamil Nadu
2023 Latest Caselaw 13513 Mad

                                                          W.P.(MD)Nos.14580, 11794, 9926 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 05.10.2023

                                                      CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                  W.P.(MD)Nos.14580, 11794 and 9926 of 2020
                                                   and
                                        W.M.P.(MD).No.8884 of 2020

                    W.P.(MD)No.14580 of 2020

                    Nagaraj                                                  ... Petitioner
                                                        Vs

                    1.The State of Tamil Nadu,
                      represented by its Secretary,
                      Public Works Department,
                      Secretariat, St.George Fort, Chennai.

                    2.The Secretary,
                      Geology and Mining Department,
                      Secretariat, St.George Fort, Chennai.

                    3.The Director,
                      Geology and Mining Department,
                      Chennai.

                    4.The District Collector,
                      Karur District, Karur.

                    5.The Chief Executive Engineer,
                      Public Works Department,
                      River Protection Division,
                      Kaveri River,
                      Trichy.

                   1/16
https://www.mhc.tn.gov.in/judis
                                                         W.P.(MD)Nos.14580, 11794, 9926 of 2020

                    6.The Superintending Engineer,
                      Public Works Department,
                      River Protection Division,
                      Kaveri River,
                      Trichy.

                    7.The Executive Engineer,
                      Public Works Department,
                      River Protection Division,
                      Kaveri River, Trichy.

                    8.The Revenue Divisional Officer,
                      Karur District,
                      Karur.                                          ...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide compensation for death of the petitioner’s son, namely, Prabhakaran, S/o Nagaraj, aged 24 years for negligence on the part of the respondents.

W.P.(MD)No.11794 of 2020

Senthilkumar ... Petitioner Vs

1.The State of Tamil Nadu, represented by its Secretary, Public Works Department, Secretariat, St.George Fort, Chennai.

2.The Secretary, Geology and Mining Department, Secretariat, St.George Fort, Chennai.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

3.The Director, Geology and Mining Department, Chennai.

4.The District Collector, Karur District, Karur.

5.The Chief Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

6.The Superintending Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

7.The Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

8.The Revenue Divisional Officer, Karur District, Karur. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide compensation for death of the petitioner’s son, namely, Naveenkumar, S/o Senthilkumar aged 18 years for negligence on the part of the respondents.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

W.P.(MD)No.9926 of 2020 Devaraj ... Petitioner Vs

1.The State of Tamil Nadu, represented by its Secretary, Public Works Department, Secretariat, St.George Fort, Chennai.

2.The Secretary, Geology and Mining Department, Secretariat, St.George Fort, Chennai.

3.The Director, Geology and Mining Department, Chennai.

4.The District Collector, Karur District, Karur.

5.The Chief Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

6.The Superintending Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

7.The Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

8.The Revenue Divisional Officer, Karur District, Karur. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarifed Mandamus, calling for the records pursuant to the impugned order of the seventh respondent in his proceeding in Ka.ditha.An.Na.Ka.1044/2019/Tha6/Dated:08.07.2019 and quash the same consequently direct the respondents to provide compensation sum of Rs.26,00,0000/- (Rupees Twenty Six Lakhs) with 9% interest for death of the petitioner’s son, namely, Purusothaman S/o Devaraj, aged 17 years for negligence on the part of the respondents.

                                        For Petitioner     : Mr.S.Gokulraj

                                        For R-1 to R-8     : Ms.D.Farjana Ghoushia
                                                            Special Government Pleader
                                                            (In all Writ Petitions)


                                               COMMON ORDER

The issue involved in all the three Writ Petitions are common

and hence, they are taken up together, heard and disposed of through this

common order.

2. W.P.(MD).No.9926 of 2020 has been filed by one Devaraj

challenging the impugned order passed by the Executive Engineer, Public

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

Works Department, through proceedings dated 08.07.2019 and for a

consequential direction to the respondents to pay compensation for the

demise of his son, Purusothaman, aged 17 years.

3. W.P.(MD).No.14580 of 2020 has been filed by one Nagaraj

for the issue of writ of mandamus seeking for a direction to the

respondents to pay compensation for the demise of his son, Prabhakaran,

aged 24 years.

4. W.P.(MD).No.11794 of 2020 has been filed by one

Senthilkumar seeking for compensation from the respondents for the

demise of his son, Naveenkumar, aged about 18 years.

5. The case of the petitioners is that there was a temple

festival that took place during the month of March 2019 and as a tradition

during this festival, holy water is taken from the Kaveri River. The sons of

the petitioners went to Kaveri River for taking holy water and they died

due to drowning near Avudiyar Bridge at the time of taking the water. The

petitioners have alleged that illegal sand quarrying had taken place and as a

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

result, huge pits dug up to 30 to 40 feet was left behind near Avudiyar

Village and as a result, there was water turbulence in these pits which

resulted in the boys drowning in the water on the fateful day. Therefore,

according to the petitioner, the entire incident had taken place due to the

negligence on the part of the respondents in not taking action against

illegal mining and therefore, the petitioners have sought for payment of

compensation from the respondents.

6. The counter affidavits have been filed in these writ

petitions. The respondents have taken a stand that there are specific place

where persons were allowed to take bath with sufficient safeguards.

According to the respondents, there was no quarrying operation and that

the sons of the petitioners had entered into the river in a place not notified

for taking bath and as a result, they drowned and died and therefore, there

was no negligence on the part of the respondents.

7. Heard the learned counsel appearing for the petitioners and

learned Special Government Pleader appearing for the respondents.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

8. In the instant case, this Court has to necessarily take note of

the Judgment of the Division Bench of this Court in W.P.(MD).Nos.4251

of 2017, etc batch, dated 16.02.2018. The Division Bench of this Court

was considering the illegal quarrying that was taking place in the Kaveri

River at Karur and Tiruchirappalli District. In the batch of Writ Petitions,

there were also cases where there was drowning in the Kaveri river without

noticing the huge pits that were dug to the depth of 30 to 40 feet as a result

of illegal quarrying. The Division Bench of this Court took up the issue

very seriously and appointed the Court Commissioners to inspect and to

submit the report. The Court Commissioners were directed to inspect the

following places.

“We appoint Mr.R.Alagumani (Enrl.No. 1461/1997), Advocate, Chamber No.82, Law Chamber, High Court, Madurai, Cell No. 9842177806; Mr.B.Saravanan, Advocate, No.22, High Court, Madurai, Cell No.9443716952; and Prof.Dr.Ravichandran, Head of the Department, Plant Science and Environment, Manonmaniam sundaranar University, Tirunelveli, as Advocate Commissioners to inspect the mining areas namely, Mayanur, Kulithalai, Sinthalavadi,

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

Silaipilariyaputhur, Karakadu, Manamedu, Musiri (West), Pettaivaithalai, Panaiyarkurichi, Kariyamanickam, Kiliyanallur, Thiruvasi, Kodaiyampettai, Viragalur, Alampatti in the District of Trichy, Koviladi, Vittalapuram, Nadupadudukai in the District of Tanjore. Incase, we have omitted to mention any of the mining areas in the above three Districts, it is open to the concerned Counsel for the parties to give work memo to the Advocate Commissioners for inspection and report about the physical features and extent of mining.”

9. The Court Commissioners conducted the inspection and

submitted comprehensive reports to the effect that there was excess

quarrying by the Public Works Department and there was also illegal

quarrying by the sand mafia. For appropriate appreciation, relevant

portions in the Judgment in this regard are extracted hereunder.

“Illegal Mining

26. The Court Commissioners have inspected all the sand quarrying sites and given a status report with respect to the present position

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

of the river bed. The Commissioners have reported that the illegal sand mining has been undertaken in many places and the authorities are silent spectators.

a) In respect of the quarrying at Thirukampuliyur, it was reported that illegal sand mining is taking place very near to the water project and the same is allowed to go unchecked.

b) The inspection of the illegal quarry at Sinthalaivaadi shows that there were several roads formed inside the river which ultimately lead to the illegal sand mining of unbelievable proportion. The roads running for several kilometers connecting the abandoned quarry and the illegal quarry remain motorable without steps being taken for dismantling.

c) The inspection of the permitted quarry at Sinthalaivaadi also showed that natural course of the river water has been artificially altered in order to mine sand from the quarry.

d) The inspection at Sirugamani quarry made the Commissioners to report that the sand mining has been done extensively and beyond the permitted area and the depth of excavation had crossed the permitted limit of one meter.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

e) The mining plan with regard to Kulithalai was granted even without conducting spot inspection. The licensee obtained the mining permission by giving incorrect particulars.

f)The Court Commissioners found considerable damage caused to the river on account of the sand quarrying at Nanjaikadambankurichy quarry site. According to the Commissioners, damage caused to the river and the site is irreparable and the replenishment would take decades to restore the river to its original position.

g) The Court Commissioners submitted that Nanjai Thottakurichi quarry site shall be banned to avoid future quarrying and to enable replenishment. The Commissioners have recommended to dismantle the road running inside the river connecting Thottakurichi with Kadambakurichi.

h) The inspection of Unniyur permit quarry made the Commissioners to report that the Public Works Department has quarried more than the permitted extent.

27. Similar reports were submitted with regard to the other quarries adjoining River Cauvery and Coleroon.”

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

10. The Division Bench after being satisfied that there is large

scale illegal mining, issued various directions to stop the illegal mining

and for a foolproof system of mining in an ecologically, friendly and

environmentally suitable manner.

11. The Division Bench also dealt with the payment of

compensation for the death of a boy aged about 19 years who was caught

in one of the pits while bathing and drowning. The Court took into

consideration the fact that this drowning had taken place in one of those

areas where there was illegal mining and therefore, the State was made

vicariously liable for the negligence and the State was directed to pay

compensation to the father of the deceased.

12. The above Judgment of the Division Bench becomes very

relevant in these writ petitions, since the present writ petitions pertain to

drowning of the sons of the petitioners at Avudiyar Bridge, Kaveri River at

Karur District. The learned counsel for the petitioners submitted that this

place is situated very near to the places where this Court had identified

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

illegal quarrying operations in the Kaveri River running through Karur

District.

13. The petitioners have made representations to the

respondents seeking for compensation. Hence, it is the duty of the

concerned Authority to deal with these representations in the light of the

Judgment rendered by the Division Bench and take a decision within the

time frame fixed by this Court. Even in the counter affidavit that has been

filed in these writ petitions, it is seen that the representations made by the

petitioners have been acted upon and a report has already been submitted

and it is pending before the District Collector. The State has to take into

consideration the fact as to whether the demise of the boys had taken place

due to the illegal sand mining that had taken place in the place where they

had drowned. This Court expects the State to act in a fair manner by

keeping in mind the Judgment of the Division Bench referred supra.

Insofar as W.P.(MD).No.9926 of 2020, this Court is not satisfied with the

reasons assigned in the impugned order passed by the seventh respondent

and the same is hereby set aside.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

14. In the light of the above discussion, there shall be a

direction to the petitioners to submit a fresh representation to the District

Collector, Karur District, along with all the relevant documents and also a

copy of this order. The District Collector is directed to obtain a report

from the concerned authorities and act upon the representation in line with

the Judgment of the Division Bench referred supra. The compensation

amount that is determined shall be paid to the petitioners within a period of

four (4) months from the date of receipt of a copy of this order.

15. These writ petitions are disposed of with the above

directions. No costs. Consequently, the connected miscellaneous petition is

closed.

05.10.2023 NCC:yes/no Index:yes Internet:yes/no tsg

To

1.The Secretary, the State of Tamil Nadu, Public Works Department, Secretariat, St.George Fort, Chennai.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

2.The Secretary, Geology and Mining Department, Secretariat, St.George Fort, Chennai.

3.The Director, Geology and Mining Department, Chennai.

4.The District Collector, Karur District, Karur.

5.The Chief Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

6.The Superintending Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

7.The Executive Engineer, Public Works Department, River Protection Division, Kaveri River, Trichy.

8.The Revenue Divisional Officer, Karur District, Karur.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.14580, 11794, 9926 of 2020

N.ANAND VENKATESH, J.

tsg

W.P.(MD)Nos.14580, 11794 and 9926 of 2020

05.10.2023

https://www.mhc.tn.gov.in/judis