[ 1509 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR, PUDUCHERRY
Present : Thiru SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
M.C. No. 291/2019, Under Section 144 of Cr.P.C.
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
Whereas, the Director of Adi Dravidar Welfare Department, Puducherry,
has informed that illegal sand mining is being carried out through bullock cart by
the villagers of Odiyampet and surrounding areas at RS. No. 248/8 of Odiyampet
Revenue Village belonging to Adi Dravidar Welfare Department, Puducherry;
And whereas, the Tahsildar, Taluk Office, Villianur, has inform that illegal
sand mining is being carried out on the banks of Sankaraparani River, through
bullock cart by the villagers of Odiyampet, Manalipet, Kunichampet, Koodapakkam,
Olavaikal, and Sellipet, at (i) R.S. No. 255 of Odiayampet Revenue Village,
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5 {
No.
78
Poudouchéry
Vendredi
5
Avril
2019 (15 Chaitra 1941)
No.
Puducherry
Friday
5th
April
2019
1510
LA GAZETTE DE L’ETAT
[ PART-I
1510
(ii) R.S. No. 42/4 of Manalipet, Revenue Village, (iii) R.S. No. 1/1 of Kunichampet
Revenue Village, (iv) R.S. No. 173/5, 169, 170/1, 147, 149 of Koodapakkam Revenue
Village, (v) R.S. No. 92, 93, 96,134 of Olavaikal Revenue Village (vi) R.S. No. 76/11
of Sellipet Revenue Village respectively.
And whereas, the Tahsildar, Taluk Office, Villianur, along with Revenue
Officials has made efforts to curb illegal sand mining by establishing 24 x 7 Check
posts at Odiyampet and Pathukannu. Further, the Tahsildar, Taluk Office, Villianur,
has also excavated deep ditches in the way which leads to the Government Land
adjacent to the the river to prevent the bullock carts and other vehicles entering
the Government land for illegal sand mining. Despite this, the people from the
nearby Villages are entering into the land and mining sand illegally from the areas
surrounding the Sankaraparani River belt and at the Government poramboke land at
(i) R.S. No. 255 of Odiyampet Revenue Village, (ii) R.S. No. 248/8 of Odiyampet
Revenue Village, (iii) R.S. No. 42/2 of Manalipet Revenue Village, (iv) R.S. No. 173/5
of Koodapakkam Revenue Village, (v) R.S. No. 134 of Olavaikal Revenue Village,
(vi) R.S. No. 76/11 of Sellipet Revenue Village. This continued and indiscriminate
illegal sand mining using bullock carts and other vehicles on daily basis have
rendered the above-mentioned lands with numerous deep holes. These deep holes
may prove to be fatal for the passers by especially during nights and rainy season;
And whereas, the Tahsildar, Taluk Office, Bahour, has informed that illegal
sand mining is being carried out through bullock cart by the villagers of
Soriyankuppam and surrounding areas near Thenpennai River and the Government
poramboke land at R.S. No. 202 of Kuruvinatham Revenue Village;
And whereas, the Tahsildar, Taluk Office, Bahour, has made efforts to curb
illegal sand mining by establishing 24 x 7 Check Posts at Periyar Nagar and at
Thookanampakkam. Further, with the assistance of Public Works Department,
the Tahsildar, Taluk Office, Bahour, has also established cattle traps and dug big
grooves in the pathway of the river to stop the bullock carts entering for mining
sand illegally. Despite this, the people from the nearby Villages are entering into
the land and illegally mining sand from the areas surrounding the Thenpennai River
belt and at the Government poramboke land in R.S. No. 202 at Kuruvinatham
Revenue Village. This continued and indiscriminate illegal sand mining using
bullock carts and other vehicles on daily basis unmindful of the safety concerns
have damaged the said land badly;
And whereas, in spite of regular raids made by the Revenue Officials and
Police 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 in this
Jurisdiction. Mining of sand in the Government lands cause irreparable damage to
the land, affecting the environment, ecosystem and leads to depletion of ground
water level. Hence, the Government land needs to be protected through strong
measures;
And whereas, many complaints are being forwarded from 1031 helpline and
LG Grievance Redressal Portal regarding illegal sand mining taking place at various
places viz., Konerikuppam, Pillaiyarkuppam, Soriyankuppam, Kuruvinatham,
Sellipet, Odiyampet, Kanuvapet, Manalipet Villages sourrounding the river belts
of Sankaraparani and Thenpennai Rivers;
PART-I ]
LA GAZETTE DE L’ETAT
1511
And whereas, recently both the Revenue and Police officials have reported
many incidents of illegal sand mining in this Jurisdiction. Moreover, many cases
have been produced before the undersigned either for compounding or binding
down for repeated offences under various sections of law;
And whereas, I am satisfied, based on the information placed before me
and other facts which are available to me, the situation in the aforesaid lands is
likely to cause a threat to the public safety, endangering the environment, thereby,
destroying ecosystem. I am of the opinion that there are sufficient grounds for
proceeding under section 144 of the Code of Criminal Procedure, 1973 and immediate
prevention is imprerative under the above-mentioned circumstances;
Now, therefore, based on the reasons stated above, I, Shashvat Saurabh, I.A.S.,
Subdivisional Magistrate (South), Villianur, in exercise of the powers conferred
under section 144 of Cr.P.C. do hereby prohibit lorries, vans, two wheelers, bullock
carts and any other similar load carrying vehicles (except the vehicles relating to
funeral) from entering into the areas surrounding the Sankaraparani and
Thenpennai Rivers and the Government poramboke lands viz., (i) R.S. Nos. 255, 248
of Odiyampet Revenue Village, (ii) R.S. No. 42/4 of Manalipet Revenue
Village, (iii) R.S. No. 1/1 of Kunichampet Revenue Village, (iv) R.S. Nos. 173/5, 169,
170/1, 147, 149 of Koodapakkam Revenue Village, (v) R.S. Nos. 92, 93, 96, 134 of
Olavaikal Revenue Village, (vi) R.S. No. 76/11 of Sellipet Revenue Village and
(vii) R.S. No. 202 of Kuruvinatham 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;
Any person contravening this order shall be punished under section 188 of IPC.
At Villianur, dated this 1st day of April, 2019.
SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
————
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