K.Manikandan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 29.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.3170 of 2025 and WMP Nos.3500, 3501 of 2025 K.Manikandan ... Petitioner Vs.

The Revenue Divisional Officer, Coimbatore North, Coimbatore District ... Respondent Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorari, to call for the records relating to the impugned order of the respondent Revenue Divisional Officer, Coimbatore north in Ref.Na.Ka.No.4228/2023/A3 dated 03.05.2024 and quash the same.

For Petitioner : Mr.V.Sanjeevi For Respondent : Mr.E.Vijay Anand, Addl.Govt. Pleader

ORDER

The writ petition is filed, challenging the order passed by the respondent, directing the petitioner to pay a sum of Rs.1,11,33,300/- on the ground that the petitioner involved in an illegal quarry of the minerals in his patta land, situated in S.Nos.1599, 1600, Kudaloor Village, Coiombatore District.

2. Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondent would submit that, as against the impugned order, appeal remedy is available to the petitioner under Rule 36(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959.

3. In view of the fact that alternative remedy is available to the petitioner before the competent authority, this court is not inclined to entertain this writ petition.

4. Accordingly, this writ petition is dismissed . There shall be no order as to costs. Connected miscellaneous petitions are closed. The petitioner is permitted to file an appeal before the appellate authority, within a period of three weeks from the date of receipt of copy of the

order. If any such appeal is filed by the petitioner, the concerned authority shall dispose of the same, on its own merits. The respondent shall not take any coercive steps against the petitioner for recovery of amount, till the date of disposal of the appeal. 29.01.2025 Index:Yes/No Internet:Yes/No mst To The Revenue Divisional Officer, Coimbatore North, Coimbatore District

S.SOUNTHAR, J.

mst 29.01.2025