Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.8608 of 2023

1. Palani

2. S.Srikanth ... Petitioners Vs.

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Officer, Maduranthakam Division, Madhurantakam, Chengampattu District.

3. The Tahsildar, Madhurantakam Taluk, Madhurathagam.

4. The Assistant Director, Geology and Mining, Chengalpattu District, Chengalpattu.

5. The District Engineer, District Pollution Control Board, 1/6

Maraimalainagar,

6. The Land Revenue Inspector, Murugampakkam Village, Madhuranthagam Taluk,

7. Kaniyappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the representation submitted by the petitioner on 03.03.2023 and forbear the respondents from granting stone quarry licence to the 7th respondent in Survey No.11/1, 25/3, 26/1, 27/1, 28/1 to the extent of 2.87 Ares Murungambakkam Village, Maduranthagam taluk, Chengalpattu district. For Petitioners :

Mr.M.Gnanasekar For Respondents :

Mr.E.Veda Bagath Singh Special Government Pleader [R1 to R6] Mr.Gopinath [R7] *****

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the first respondent to consider the representation submitted by the petitioner on 03.03.2023 and forbear the respondents from granting stone quarry licence to the 7th respondent in Survey No.11/1, 25/3, 26/1, 27/1, 28/1 2/6

to the extent of 2.87 Ares Murungambakkam Village, Maduranthagam taluk, Chengalpattu district.

2. W.M.P.No.8607 of 2023 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate sets of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.

2. The case of the petitioners is that it is proposed to grant stone quarry licence for the above said survey numbers in favour of seventh respondent, for which, the Land Revenue Inspector Jameen Endathur Firka Maduranthagam Taluk issued a public notification on 28.02.2023 calling for objection in respect of grant of licence for stone quarry to the seventh respondent. Pursuant to which the first petitioner submitted his objections to the public notice on 02.03.2023 before the first respondent. Since the same was not considered, the present writ petition has been filed.

3. Though very many grounds have been raised in the present writ 3/6

petition, it would suffice if this Court may issues a direction to the first respondent to consider the petitioners representation dated 02.03.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. Learned Special Government Pleader appearing for the respondents 1 to 6 submitted that the petitioners representation will be considered an appropriate orders will passed.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioners' representations dated 02.03.2023 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any including the seventh respondent, within a period of six weeks from the date of receipt of a copy of this order.

4/6

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 17.03.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No rap To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Officer, Maduranthakam Division, Madhurantakam, Chengampattu District.

3. The Tahsildar, Madhurantakam Taluk, Madhurathagam.

4. The Assistant Director, Geology and Mining, Chengalpattu District, Chengalpattu.

5. The District Engineer, District Pollution Control Board, Maraimalainagar, 5/6

M.DHANDAPANI, J.

rap

6. The Land Revenue Inspector, Murugampakkam Village, Madhuranthagam Taluk, 17.03.2023 6/6