S.Karthik v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Karthik .. Petitioner Vs 1.The District Collector, Tiruppur District, Office of the Collectorate Tiruppur, Tiruppur-641 604.
2.The District Revenue Officer, Tiruppur District, Tiruppur-641 604.
3.The Revenue Divisional Officer, 4.The Assistant Director, Mines and Geology, Collectorate Office, Tirupur District, Tirupur-641 604.
5.The Tahsildar, Kangayam Taluk, Kangayam-638 701 6.The Tahsildar, Avinashi Taluk, Avinashi-641 654.
7.The Tahsildar, Madathukulam Taluk, Madathukulam-642 113.
8.The Tahsildar, 9.P.Ramasamy 10.P.Govindaraj 11.P.Sasikumar 12.K.Subramaniam 13.K.Murugasamy 14.R.Pappusamy 15.R.Nallamuthu 16.S.Mohan Kumarar 17.K.Nallasamy 18.G.Rajamani 19.P.K.Nachimuthu 20.P.Jayapaul 21.Mohanraj 22.P.Vijayalakshmi 23.M.Balasubramaniam 24.M.Gowthamaraja 25.M.Vasudevan 26.Ponvadivel 27.G.Natarajan 28.S.Sivanantha Vadivel 29.K.S.Shanmugam 30.V.Maruthachalam 31.P.Senthil 32.R.Selvaraj
33.P.Ganesan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to take appropriate action against respondents 9 to 33 are illegally mining as stated in representation dated 11.5.2022 by the respondents 1, 2 and 4 in accordance with law.
For the Petitioner : Mr.E.Sampath Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Karthik, son of Selvaraj, a resident of No.9, Karukkankattu, Olapalayam, Perundurai, Erode-638 052, has filed this writ petition for issuance of a writ of mandamus directing respondents 1, 2 and 4 to take appropriate action against respondents 9 to 33, who are illegally mining, by considering the representation of the petitioner dated 11.5.2022.
2. On a perusal of the affidavit filed in support of the writ
petition, we find that the petitioner has filed a telegraphic affidavit without even mentioning the date on which respondents 9 to 33 were granted license to run the quarry. Likewise, the nature of conditions violated by respondents 9 to 33 has also not been stated. The petition is as vague as it could be because no definite case has been made out in the pleadings. Therefore, the prayer made by the petitioner for issuance of a direction directing respondents 1, 2 and 4 to take action against respondents 9 to 33 for their alleged illegal mining is frivolous and bereft of particulars.
3. Accordingly, the writ petition fails and the same is dismissed. There will be no order as to costs. Consequently, W.M.P.No.1014 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 12.01.2023 Index :
Yes/No Yes/No bbr
To 1.The District Collector, Tiruppur District, Office of the Collectorate Tiruppur, Tiruppur-641 604.
2.The District Revenue Officer, Tiruppur District, Tiruppur-641 604.
3.The Revenue Divisional Officer, 4.The Assistant Director, Mines and Geology, Collectorate Office, Tirupur District, Tirupur-641 604.
5.The Tahsildar, Kangayam Taluk, Kangayam-638 701 6.The Tahsildar, Avinashi Taluk, Avinashi-641 654.
7.The Tahsildar, Madathukulam Taluk, Madathukulam-642 113.
8.The Tahsildar,
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr W.P.No .1027 of 2023 12.01.2023