M.Venkatraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH M.Venkatraman .. Petitioner vs 1.The District Collector, Collectorate Road, Krishnagiri District.

2.The Assistant Director, Department of Geology and Mining, Collectorate, Krishnagiri District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing 1st respondent to grant permission to operate the quarry by considering the petitioner representation dated 20.12.2021 within a reasonable time and grant such other further order as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.Dhanasekar For Respondents :

Mr.E.Vijay Anand Additional Government Pleader

ORDER

Read this order in continuation of and in conjunction with order dated 28.02.2024 that reads as follows:- "Print the name of Mr.Nanmaran, learned Special Government Pleader, in place of 1/4

Mr.B.Vijay, learned AGP.

2. The petitioner seeks a mandamus directing the respondents to grant permission to operate a quarry by considering his representation dated 20.12.2021.

3. The first respondent / District Collector, Krishnagiri has filed counter to the effect that the lease period in respect of land in S.F.No.399/1 (Part5 A) was extended vide supplementary lease deed, which will expire on 18.03.2022. They allege that the petitioner has violated the applicable Rules and Regulations and hence order of temporary stoppage of the quarry was also issued on 22.07.2021, which is in force. They have hence said that the request of the petitioner will not be entertained.

4. In light of the aforesaid, there is really no necessity to grant mandamus as sought for. In any event since petitioner is called absent today, list under the caption 'for dismissal' on 06.03.2024."

2.

In light of the contents at paragraph 3 of order dated 28.02.2024, which are reiterated now, mandamus is issued to R1 to dispose representation dated 20.12.2021, which is still pending, after hearing the petitioner, within a period of four weeks from date of receipt of a copy of this order as this would give cause of action for the petitioner to take the matter up for litigation further, if it so desires

3. This writ petition stands disposed in terms of this order. No costs.

07.03.2024 Index:Yes/No ssm 2/4

To 1.The District Collector, Collectorate Road, Krishnagiri District.

2.The Assistant Director, Department of Geology and Mining, Collectorate, Krishnagiri District.

3/4

DR. ANITA SUMANTH,J.

ssm 07.03.2024 4/4