E.Dhandapani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2023
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.5772 of 2023 and W.M.P.No.5766 of 2023 E.Dhandapani .. Petitioner Vs.
1.The District Collector, Tiruvannamalai District, Tiruvannamalai.
2.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Cheyyar Head Quarter, Tiruvannalai District.
3.The Tahsildar, Vandavasi Taluk, Vandavasi, 4.The Director, Tamil Nadu Pollution Control Board, Guindy, Chennai.
5.The Deputy Director, District Geographical Mines Department,
6.The Assistant Geographical Officer, O/o. Geographical and Mines Office, 7.M.Senthilrangan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 01.02.2023 to the respondent Nos.1 and 6 requesting to stop the 7th respondent's illegal blue metal and gravel quarry for safeguarding the survival of the petitioner as well as the villagers of Ilangadu Village, Vandavasi Taluk, Tiruvannamalai District. For Petitioner .. Mr.S.V.S.Ilamvazhuthi For Respondent For R1 to 6 .. Mr.U.Baranidharan Additional Government Pleader
ORDER
This writ petition has been filed in the nature of a Mandamus, seeking consideration of a representation dated 01.02.2023 given to the first and sixth respondents. By the said representation, the petitioner had sought the seventh respondent's Blue Metal and Gravel quarry should be stopped. The said quarrying is being carried on at Ilangadu Village, Vandavasi Taluk,
2. Though the petitioner claims that he is quite public conscious, the instructions received by the learned Additional Government Pleader is quite contrary to that particular assertion of the petitioner. It is stated that due procedure was followed and according to them, the Village Administrative Officer had invited objections from the general public. A specific report was given that nobody had objected at that particular point of time. The petitioner should have objected at the earliest point of time. Thereafter, when all other officers and statutory authorities had granted permission including the Pollution Control Board, the petitioner has filed the present writ petition.
3. The learned Additional Government Pleader is of the firm opinion that the petitioner is only indulging in trying to force stopping of the quarrying.
4. As on date, the quarrying work has not yet started. Only digging of sand has commenced and there is also no blasting of any stone. The writ petitioner appears to have a grouse against the seventh respondent. The writ petition has been filed out of malice.
5. Let me not hold over the writ petition and keep it pending, as that would only provide further impetus for the petitioner herein to raise further grievances against the seventh respondent.
6. Though notice is not directed to the seventh respondent, the writ petition is disposed of, with a direction to the fifth respondent/The Deputy Director, Department of Geographical Mines, Tiruvannamalai, to address the issues raised in the representation and after following due procedure, pass necessary orders, within a period of eight weeks from the date of receipt of a copy of this order.
7. It is made clear that the seventh respondent may continue his work and should also confirm to the licenses and regulations of the conditions imposed during the grant of licence.
8. The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
27.02.2023 Index:Yes/No Internet:Yes/No ata
To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.
2.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Cheyyar Head Quarter, Tiruvannalai District.
3.The Tahsildar, Vandavasi Taluk, Vandavasi, 4.The Director, Tamil Nadu Pollution Control Board, Guindy, Chennai.
5.The Deputy Director, District Geographical Mines Department, 6.The Assistant Geographical Officer, O/o. Geographical and Mines Office,
C.V.KARTHIKEYAN,J.
ata W.P.No.5772 of 2023 27.02.2023