144 of Cr.P.C. do hereby prohibit public from entering into the compounded portion of the land at R.S. No. 255 with an extent of 08.72.00 of Odiampet Revenue Village for a period of two months.

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No. 67 Poudouchéry Vendredi 23 Mai 2014 (2 Jyaistha 1936)

No. Puducherry Friday 23rd May 2014

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru P. PARTHIBAN, I.A.S.,

Subdivisional Magistrate (South).

M.C. No. 435/2014

ORDER UNDER SECTION 144 of Cr. P.C.

Whereas, the Tahsildar, Taluk Office, Villianur has been informed that during the recent raids on illegal sand mining at Odiampet area, it is observed that the supporting wall provided along the road portion adjoining the GP land at R.S. No. 255 of Odiampet Revenue Village leading to the IOC Gas Plant has been damaged due to the illegal mining of sand in the GP land. The GP land is 15 to 20 feet deep and therefore, the road portion in the present condition is posing as danger to the movement of the heavy vehicles and the safety of the persons passing nearby also it is a threat to the public safety;

And whereas, at present the three sides of the land (i.e.) East, North, South sides have been fenced with granite stone wall to a height of 6 feet. The western side of the GP land adjoining the road is provided with supporting wall up to road level only. Taking advantage of this, the people from the nearby villages have damaged some portion of the wall and are entering into the land and illegally mining sand from there. Even the buffer space between the road and the supporting wall in R.S. No. 253 has not been spared. The continued and indiscriminate illegal sand mining by hundreds of bullock-carts on daily basis unmindful of the safety concerns have rendered the land with numerous deep holes and caused damage to the supporting wall along certain parts of the road. This damaged portion poses as threat to the general safety and security of public movement. The main water pipe connection from the nearby pump-house leading to other places through this land, underground is now exposed and susceptible due to the removal of the sand;

And whereas, inspite of regular raids conducted by the revenue persons, the illegal sand mining could not be stopped as the persons engaged in this activity are under the impression that it is their right to take sand. During raids, on seeing the revenue officials the illegal sand miners would ran away from the site and some start altercating with officials. Several complaint has been received in this regard. This is increasingly becoming as a menace. The GP land needs to be protected at any cost;

And whereas, IOC Gas Plant which is engaged in filling of LPG cylinders is located adjacent to the above field. All the vehicles meant to the plant have to pass through this part of the road. Many giant tanker lorries containing LPG are also passing through the said road on daily basis. Further, a high school and a temple frequented by people is also located within 100 meters distance. In the view of the above any sliding of the earth below the road portion during the passage of tanker lorries carrying LPG, then it would be a disastrous. In other case the weakened base soil along the damaged wall portion may at one-stage lead to land slip and damage the road extensively thereby cutting off the traffic flow;

And whereas, I, P. Parthiban, I.A.S., Subdivisional Magistrate (South), Villianur satisfied, based on the information placed before me and other facts which are available to me, that the situation in the aforesaid land is likely a threat to the public safety and in my opinion there is sufficient ground for proceedings under section 144 of the Code of Criminal Procedure, 1973 and immediate prevention is desirable;

Now, therefore, based on the reasons stated above, I, P. Parthiban, I.A.S., Subdivisional Magistrate (South), Villianur, in exercise of the powers conferred under section 144 of Cr.P.C. do hereby prohibit public from entering into the compounded portion of the land at R.S. No. 255 with an extent of 08.72.00 of Odiampet Revenue Village for a period of two months from the date of this order or till any further orders are passed by the competent authority revoking this prohibition as per law, whichever is earlier.

At Villianur, dated 20th day of May 2014.

P. PARTHIBAN, I.A.S., Subdivisional Magistrate (South).