IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

ORDER

[UNDER SECTION 144 (1) OF Cr.P.C.]

M.C. No. 271/2019, dated 31-07-2019

Whereas, a report was received from the Tahsildar, Taluk Office, Thirunallar,

quite often stating that frequent illegal sand mining had been taking place from the

Government Land bearing R.S.No. 3 for an extent of 24 hectares located in the

Kulakkudy Village under the Ponbethy Revenue Village, along stretch of Government

Poramboke Land with rich deposits of the alluvial soil along the banks of the Nandalar

River in Kulakkudy Village starting from the Kulakkudy Bridge all along the right bank

of the Nandalar River till the junction of the Kottagam Road, in Thirunallar Taluk.

2. And whereas, the Tahsildar, Taluk Office, Thirunallar, along with the

Deputy Tahsildar (Excise and Sand mining) and Revenue Inspector concerned have

conducted frequent raids to apprehend the offenders of illegal sand mining to

impound the vehicles used for that purpose, seize the quantum of sand illegally

mined so as to levy compounding fine on the offenders.

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3. Whereas, frequent raids on the field concerned by the revenue officials

are yet to yield some results since the instances of illegal sand mining is still

recurrent and a menace in deed, because the offenders flee away from the site on

spotting out enforcement squads and again resume their illegal activities within a

day or two. In general , the offenders appear to be under the impression that it is

their right to take away the sand from Government Land.

4. Whereas, continuous excavation of sand from the bank of Nandalar River

in this especially notified area along side the Kulakkudy Village would cause

dangerous and devastating floods by the breach of the banks of the river during the

seasonal Monsoon that may wash away the hamlets and standing crops in that area.

5. Whereas, it has been made to appear to me that there are sufficient

grounds for proceeding under section 144 (1) of Cr. P.C. to prevent imminent danger

to the lives and properties of the citizen and uphold public safety and order in the

areas of jurisdiction under the Ponbethy Revenue Village covering Andoor and

Kulakkudy hamlets. Hence, it is necessary that special provisions under section 144

Cr.P.C is invoked to take action in order to prevent imminent danger to the lives and

properties of the citizen and uphold public safety.

6. Now, therefore, I, M. Adharsh, Subdivisional Magistrate, Karaikal, also

going through the information laid before me and also after satisfying myself of the

need for prohibition of certain activities , do hereby direct to-

(i) prohibit the unlawful entry of public from entering into the Government

Land under R.S.No. 3 to an extent 24 hectares sprawled along the bank of

Nandalar River in the Kulakkudy Village under the Ponbethy Revenue Village,

along the stretch of Government Poramboke Land with rich deposits of the

alluvial soil along the banks of the Nandalar River starting from the Kulakkudy

Bridge all along the right bank of the Nandalar River till the junction of the

Kottagam Road in Thirunallar Taluk, for any purpose of excavation and

transporting of sand from that land .

(ii) all activities of laying unauthorised brick kiln with production of bricks

all along the prohibited land on the river bank of Nandalar are also prohibited

by this order with immediate effect.

(iv) all vehicular movements of motorized, non-motorised four wheelers and

even bullock carts are prohibited in that land notified above for a period of two

months from the date of issue of this order or till any further orders passed

by the competent authority revoking this Prohibitory Order as per law which

ever is earlier.

(v) this order will however not restrict the vehicular movements for

religious and funeral procession in that area.

7. Criminal proceedings will be initiated against the offenders under

section 188 IPC found violating and disobeying the Prohibitory Orders issued by

this Court.

Given under my hand and Seal of this Court on 31-07-2019.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.