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Madras High CourtWP/2290/2022disposed of

Mani v. The District Collector

2022-06-15Honourable The Chief Justice,Honourable Mrs Justice N. Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE N.MALA W.P.NO.2290 OF 2022 1.Mani 2.Raja Guru

...Petitioners

Vs.

1.The District Collector, Collectorate, Salem District.

2.The Sub-Collector, Sub-Collector's Office, Mettur Dam, Salem-636 401.

3.The Tahsildar, Kadayampatty, Kadayampatty Taluk and Post, Salem-636 351.

4.The Deputy Director, Department of Geology and Mining, Collectorate, Salem-636 001.

5.Prabhu

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the petitioners representation dated 30.10.2021 within the time limit that may be fixed by this Court. For Petitioner :

Mr.L.Mouli For Respondent :

Mr.P.Muthukumar State Govt. Pleader assisted by Mrs.R.Anitha, Spl. Govt. Pleader for R1 to R4 Mr.T.Ganesan for R-5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The Writ petition is filed to seek a direction to the respondents 1 to 4 to consider the petitioners' representation dated 30.10.2021, alleging illegal mining by the 5th respondent.

2. The learned State Government Pleader appearing for the respondents 1 to 4 submitted that, after receipt of the said representation made by the petitioners, the Department surveyed the land in question and finding illegal mining, not only the order was passed to stop it, but also the land was levelled.

3. In view of the action already taken by the respondents 1 to 4 on the said representation of the petitioner, we do not find that anything now survives for consideration in the present writ petition, rather, it has become infructuous.

4. However, the present writ petition is disposed of, with a direction to the 5th respondent not to indulge in such illegal mining, and at the same time, the respondents 1 to 4 shall maintain the area and monitor that no illegal mining is undertaken by the 5th respondent or anyone else. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar dsn/cs To 1.The District Collector, Collectorate, Salem District.

2.The Sub-Collector, Sub-Collector's Office, Mettur Dam, Salem-636 401.

3.The Tahsildar, Kadayampatty, Kadayampatty Taluk and Post, Salem-636 351.

4.The Deputy Director, Department of Geology and Mining, Collectorate, Salem-636 001.

+1cc to M/s.L.Mouli, Advocate, Sr.No.35734 +1cc to the Government Pleaded Sr.No.36156 W.P.No.2290 of 2022 MG(CO) RVM(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/