← Library
Madras High CourtWP/2900/2020disposed of

Sri Annai Women Self-Help Group, v. The District Collector,

2020-03-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.2900 of 2020 Sri Annai Women Self-Help Group rep. by its President Tmt.Poongavanam W/o Murugan Ariyanguppam Village, H/o Iyangunam Panchayat, Kilpennathur Taluk, Thiruvannamalai District.

...Petitioner

vs 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Assistant Director, Geology and Mines Department, Thiruvannamalai District, Thiruvannamalai.

3.The Tahsildar, Kilpennathur Taluk, Kilpennathur, Thiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to grant Quarry License to the petitioner's Women Self-Help Group for quarrying the ordinary stones in the Government promboke Land bearing Survey No.135 (part-6) to an extent of 2500 hectares situated at Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai District, based on the petitioner's representation dated 10.10.2017 made to the respondent.

For Petitioner :

Mr.K.Semmalai For Respondents :

Mr.RAS.Senthilvel Additional Government Pleader

O R D E R

The petitioner seeks for a Mandamus to direct the respondents 1 and 2 to grant quarry license to the petitioner for quarrying the ordinary stones in the Government promboke Land bearing Survey No.135 (part-6) to an extent of 2500 hectares situated at Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai District, based on the representation dated 10.10.2017.

2. Heard both sides.

3. It is seen that the District Collector namely, the first respondent has already passed an order on 28.11.2019 rejecting the request of the petitioner. Therefore, it is for the petitioner to challenge the said order before the appropriate appellate forum. Instead the petitioner is not entitled to maintain the present writ petition, that too, for a Mandamus.

4. Accordingly, the Writ Petition is disposed of without expressing any view on the merits of the claim made by the petitioner only with liberty to challenge the said order passed by the first respondent on 28.11.2018 before the appropriate appellate forum within a period of three weeks from the date of receipt of a copy of this order. If any such application is filed, the appellate authority shall consider the same on its own merits and pass orders in accordance with law without reference to the period of limitation, if any. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi

To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Assistant Director, Geology and Mines Department, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, Kilpennathur Taluk, Kilpennathur, Thiruvannamalai District.

+1cc to Mr.K.Semmalai, Advocate, S.R.No.21775 +1cc to the Government Pleader, S.R.No.21166 W.P.No.2900 of 2020 RSV(CO) RN(16/07/2020)