Dharmalingam, v. The Collector, Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2025
CORAM:
THE HON'BLE MR. JUSTICE M. DHANDAPANI Dharmalingam, Petitioner Vs
1. The Collector, Puducherry Puducherry State, Puducherry.
2.The Deputy Collector (Revenue) South, Villianur, Puducherry.
3.The Tahsildar, Villianur Taluk, Puducherry.
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, forbearing the respondents from insisting upon the production of a permit by the petitioner for transporting sand for agricultural purpose from Petitioner's land situated at Ammanankuppam Village in Villupuram Taluk to petitioner's land located at Pathukannu Village, Villianur Taluk.
For petitioner : Mr.C.T. Mohan For respondents : Ms. V. Usha Addl. Govt. Pleader 1/5
ORDER
The prayer in the writ petition is to forbear the respondents from insisting upon the production of a permit by the petitioner for transporting sand for agricultural purposes from the petitioner's land situated at Ammanankuppam Village in Villupuram Taluk to the petitioner's land located at Pathukannu Village, Villianur Taluk.
2. It is the case of the petitioner that while transporting sand on 12.01.2011, the 3rd respondent seized the petitioner's tractor alleging that the petitioner was transporting illegally quarried sand. It is the contention of the petitioner that the sand was removed from his own agricultural lands and transported to his other land situated within Villianur Taluk.
3. Learned Senior Counsel appearing for the petitioner submitted that the petitioner is the owner of agricultural lands to an extent of 6.78 acres and another extent of 6.32 acres, comprised in Survey No.122/1, situated at Ammanankuppam Village, Villupuram District. The said lands are adjacent to the Sankaraparani River. During the heavy rains in the year 2012, the flooded river entered the petitioner's lands and huge quantities of sand were deposited therein. It is the grievance of the petitioner that without any authority, the petitioner's vehicle was detained by the respondents and further imposed a compounding fee for transportation of sand. Earlier, he filed writ petition viz., 2/5
W.P. No.1908 of 2011 with regard to sand transportation in the said land. This Court, by order dated 29.09.2011 disposed of W.P. No.1908 of 2011 and thereby directed the respondents therein to consider the petitioner's representation within a period of eight weeks. It is the further grievance of the petitioner that though directions were issued by this Court in W.P. No.1908 of 2011, the respondents continued to threaten him with punitive action. In such circumstances, this writ petition has been filed with the aforesaid prayer.
4. Heard the learned counsel for the petitioner.
5. Learned Additional Government Pleader appearing for the respondents submitted that if the petitioner intends to transport sand, he is required to obtain permission from the jurisdictional Revenue authorities and, if any representation is submitted to the jurisdictional authority seeking removal of sand, the same will be considered and appropriate orders will be passed in accordance with law.
6. The petitioner seeks removal of sand deposited in his agricultural land during the year 2011. Further, it is seen that the petitioner has already filed writ petition in the year 2011 with regard to the sand transportation and directions were issued by this Court in the said writ petition. This Court, after a lapse of thirteen years, finds that nothing survives for further adjudication in the present writ petition. When that being the position, this Court is of the view that the instant writ petition may be closed. Accordingly, the writ petition stands closed. 3/5
However, liberty is granted to the petitioner to work out his remedy in accordance with the provisions of the Tamil Nadu Prevention of Illegal Mining, Storage and Transportation of Minerals and Mineral Dealers Rules, 2011, if any situation arises in future. No costs. Consequently, connected miscellaneous petition if any is closed.
19.11.2025 Index:Yes/No Speaking/Non-speaking order vsi2 To
1. The Collector, Puducherry Puducherry State, Puducherry.
2.The Deputy Collector (revenue) South, Villianur, Puducherry.
3.The Tahsildar, Villianur Taluk, Puducherry.
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M. DHANDAPANI, J.
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