2015 (9) TMI 340

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....by the District Collector, Nagapattinam to the Executive Engineer, PWD (WRO), Cauvery Basin Division (East), Mayiladuthurai :- "Following the above said reference, the site where the river sand flying in bulk inside the Karaikkal Port area was inspected by the Assistant Director (Mines) Nagapattinam, on 24-8-2009 and 3-9-2009. Site inspection of the Assistant Director (Mines), Nagapattinam, revealed that the unshipped cargo of river sand of about 250 Mts are lying in bulk in the open wharf area of Karaikkal Port as reported by the Deputy Commissioner of Customs, Nagapattinam. The river sand has to be removed from the port area since it is causing health hazard and damaging further. Therefore it has been proposed to handover the river sand ....

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....to the Republic of Maldives subject to furnishing Bank Guarantee. As against the said interim direction, the District Collector, Nagapattinam filed Writ Appeal No. 955 of 2009 and the Honourable First Bench of this Court, by order dated 13-7-2009 made a slight modification to the interim direction issued by the learned Single Judge, which is to the following effect :- "In view of this undertaking, in the facts and circumstances of the case, we ace leaving the interim order passed by the learned single Judge undisturbed. We also clarify that though the learned single Judge has said that the first respondent has to give a Bank Guarantee for the value of the said quantity of the river sand, after hearing all the counsel, we specify the amount....

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....sequent developments and taking note of the order passed by the Honourable Division Bench, no further order is required to be passed in W.P. 12301 of 2009 and therefore, the same is closed. 9. Insofar as W.P. No. 2987 of 2010, the challenge is to the order passed by the District Collector, Nagapattinam to sell the unshipped quantity of 250 MT of River sand, which is lying in Karaikal Port area. In my view, the conclusion of the District Collector, Nagapattinam that the sand could not have been quarried at Karaikal, since there is no river sand quarry in Karaikal could not have been arrived at without adjudicating the matter. Further the petitioner's case is that he purchased the sand from traders in Karaikal. Therefore, if the second ....