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IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 639/2016
ORDER UNDER SECTION 144 of Cr. P.C.
Whereas, the Tahsildar, Taluk Office, Villianur has informed that during
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 RS. 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, few years back the adjoining Sankarabarani River was flown
into this parcel of GP land and later it was disconnected from the river after laying
of the road at R.S. No. 256. As such, it had lot of deposit of sand and hence,
the shallow depression has now been made as deep depression due to the removal
of sand from the said land;
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27 {
No.
170 Poudouchéry
Mardi
27
Decembre
2016 (6 Pausa 1938)
No.
Puducherry
Tuesday
27th
December
2016
2316
LA GAZETTE DE L’ETAT
[ PART-I
2316
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 RS. 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 lad with numerous deep holes and causes damage to the
supporting wall along certain parts of 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 removal of the sand;
And whereas, in spite of regular raids made by the Revenue Officials, the
illegal sand mining activity could not be curtailed 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 run away from the site.
This has increasingly become a menace. Mining of sand in the Government lands
cause irreparable damage to the land. Hence, the Government 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 of 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 of soil along with the damaged wall portion may at one stage lead to
land slip and damage the road extensively thereby cutting of the traffic flow;
And whereas, I am 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 to cause a threat to the public safety and in my opinion that 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, N.Udayakumar,
Subdivisional Magistrate(South), Villianur in exercise of the powers conferred under
section 144 of Cr.PC, do hereby prohibit public from entering into the compound
portion of the land at R.S.No.255 with an extent of 08.72.72 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 this 15th day of December 2016.
N. UDAYAKUMAR,
Subdivisional Magistrate (South).
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