Mr.M.Krishnasamy Gounder v. Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.19298 of 2015 and M.P.No.1 of 2015 Mr.M.Krishnasamy Gounder ..Petitioner Vs.

1. The Assistant Director, Geology and Mining, Thiruppur.

2. The District Collector, Collectorate, Thiruppur.

3. D.Muthukaruppasamy

4. The Central Bureau of Crime Investigation Department, CBCID, Uppilipalayam, Coimbatore - 18. ..Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fourth respondent to take action against all the third respondent for causing wrongful loss to the petitioner by acting against the terms of the agreement dated 04.10.2010 with the first respondent and forbear from further quarrying in the land, in the interest of the petitioner Agriculturist. For Petitioner : Rev.Dr.S.N.Amarnath For Respondents: Mr.K.M.D.Muhilan, GA for RR1 & 2 : Mr.M.Karuppaiah for R3 : No appearance for R4

ORDER

The relief sought in this writ petition is to take action against the third respondent for causing wrongful loss to the petitioner by acting against the terms of the agreement dated https://hcservices.ecourts.gov.in/hcservices/

04.10.2010, with the first respondent and from further quarrying in the patta land.

2.When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the official respondents made a submission that pursuant to the complaint made by the petitioner, an inspection was conducted on 24.12.2015 and it was found that the third respondent was quarrying excess minerals by breeching the safety zone. Thus, the authorities imposed penalty in accordance with the provisions of the rules and the penalty amount was also paid by the third respondent.

3. This being the factum, if any other grievance exists, it is for the parties to approach the competent authority.

4. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsk To

1. The Assistant Director, Geology and Mining, Thiruppur.

2. The District Collector, Collectorate, Thiruppur.

3. The Central Bureau of Crime Investigation Department, CBCID, Uppilipalayam, Coimbatore - 18.

+1cc to the Government Pleader, S.R.No.3046 W.P.No.19298 of 2015 and M.P.No.1 of 2015 SRA(CO) RGA(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/