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Puducherry Gazette · Government of Puducherry

ORDER UNDER SECTION 144 of Cr. P.C.: (i) M.C. No. 215/2017, Illegal san mining at Odiampet Area. (ii) M.C. No. 216/2017, Illegal san mining carried out bullock cart, Uthiravaginipet Area.

Published 02 June 2017

Department
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH) AT VILLIANUR
Type
Extraordinary
Gazette no.
76
Part
I
Identifier
in.gazette.puducherry.2017-06-02.extraordinary-i-issue-76
Languages
English, Tamil, French
Published at
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No. 76 Poudouchéry Vendredi 2 Juin 2017 (12 Jyaistha 1939)

No. Puducherry Friday 2nd June 2017

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru N. UDAYAKUMAR,

Subdivisional Magistrate (South).

M.C. No. 215/2017

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 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, 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;

[ 745 ]LA GAZETTE DE L'ETAT [ PART-I 746 746 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 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 o f 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, 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 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 24th day of May 2017.

N. UDAYAKUMAR,

Subdivisional Magistrate (South).

PART-I ] LA GAZETTE DE L'ETAT 747

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru N. UDAYAKUMAR,

Subdivisional Magistrate (South).

M.C. No. 216/2017

ORDER UNDER SECTION 144 of Cr. P.C.

Whereas, the Tahsildar, Taluk Office, Villianur has informed that illegal sand mining is being carried out through bullock cart by the villagers of Uthiravaginipet, Periyapet and Kanuvapet in the Government land at R.S. No. 3/1 of Thirukanji Revenue Village with an extent of about 01.57.00 HAC which is located behind the PWD compound wall near IOC gas plant at Villianur Taluk, Puducherry. It is learnt that the way used by the illegal sand miners to reach the said Government land is found to be the eastern side gateway of the burial ground which is not compounded by the Villianur Commune Panchayat;

And Whereas, the Tahsildar, Taluk Office Villianur along with Revenue Officials in order to prevent entering the said Government land by the illegal sand miners, has excavated the way which leads to the said Government land. But, the said land was again levelled by the miscreants and started mining sand illegally and hence, illegal sand mining continuous to be a routine activity in that area;

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 thereby reducing groundwater level and affecting the ecosystem. Hence, the Government land needs to be protected at any cost;

And whereas, the Tahsildar, Taluk Office, Villianur has also stated that the illegal sand mining through the burial ground by a group of persons has the possibility of triggering communal issue which needs urgent attention to get prohibited by issuing order under section 144 of Cr.PC for the movement of bullock cart or any other vehicle through the burial ground and the Government land at R.S. No. 3/1 of Thirukanji Revenue Village (near Uthiravahinipet);

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, affecting the environment and lead to depletion of groundwater level 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;

LA GAZETTE DE L'ETAT [ PART-I 748 748

Now, therefore, based on the reasons stated above, I, N. Udayakumar, Subdivisional Magistrate (South), Villianur in exercise of powers conferred under section 144 of Cr.PC, do hereby prohibit the movement of bullock cart or any other vehicle (except the vehicle relating to funeral) through the burial ground and the Government land at R.S. No. 3/1 of Thirukanji 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 24th day of May 2017.

N. UDAYAKUMAR,

Subdivisional Magistrate (South).

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Cite this issue. Puducherry Gazette, Government of Puducherry, 02 June 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2017-06-02.extraordinary-i-issue-76/. Archive identifier in.gazette.puducherry.2017-06-02.extraordinary-i-issue-76.