Madras High CourtWP/4904/2019dismissed

Ettian, v. The Commissioner,

2019-03-11Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.4904 of 2019 and W.M.P.No.5587 of 2019 1.Mr.Ettian 2.Mr.Velan ... Petitioners Vs 1.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Alandur Road, Guindy, Chennai 600 032.

2.M/s.Environmental Impact Assessment Commission, Department of Environment, Ground Floor, Panagal Buildings, 1, Jeenis Road, Saidapet, Chennai 600 015.

3.The Assistant Director, Geology and Mining, Villupuram, Villupuram District.

4.The District Collector, Office of the Collectorate, Villupuram District, Pin- 605 602.

5.The Tahsildar, Kundalapuliyur Village, Vikkiravandi Taluk, Villupuram District.

6.The Village Administrative Officer, Kundalapuliyur Village, Vikkiravandi Taluk, Villupuram District.

7.M/s.The Oriental Structural Engineering Pvt.Ltd., Janakipuram Village, Kandamaanadi Post, Villupuram Taluk, Villupuram District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 to 6 to consider the second petitioner's representation dated 19.11.2018 given to the fifth respondent herein and to direct the respondents 1 to 6 not to issue any license or sanction or permission to the 7th respondent for quarrying the property situated at 350/5, 362/1, 364/1 & 364/4 totally measuring to an extent of Hectares 4.09.5 Ares, Kundalapuliyur Village, Vikkiravandi Taluk, Villupuram District. For Petitioners : Mr.R.Kumar For Respondents : Mr.J.Ramesh, Additional Government Pleader for R1 to R6 : No appearance for R7

O R D E R

The present writ petition has been filed to direct the respondents 1 to 6 to consider the second petitioner's representation dated 19.11.2018 given to the fifth respondent herein and to direct the respondents 1 to 6 not to issue any license or sanction or permission to the 7th respondent for quarrying the property situated at 350/5, 362/1, 364/1 & 364/4 totally measuring to an extent of Hectares 4.09.5 Ares, Kundalapuliyur Village, Vikkiravandi Taluk, Villupuram District.

2. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the official respondents would submit that as of now, there is no proposal of granting licence to anybody for quarrying the above said property. According to him, the writ petition is pre-mature.

3. When the learned Additional Government Pleader categorically submitted that the official respondents are not having any proposal to grant any licence for quarry operation, this Court finds that the writ petition is pre-mature and the same is dismissed by granting liberty to the petitioners to approach this Court, in case, they are aggrieved by any action by the official respondents in the subject matter of the present writ petition.

4. With the above observation, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsk To 1.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Alandur Road, Guindy, Chennai 600 032.