P.Soundari, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1112 of 2018 P.Soundari .... Petitioner Vs.

1.The District Collector, Tiruppur District, Tiruppur.

2. The Assistant Director of Mines, Collectorate, Tiruppur, Tiruppur District.

3. M.Palanisamy

4. P.Muthukumar

5. P.Natarajan (R3 to R5 impleaded as per the order in W.M.P.No.4625/2018 dated 15.3.2018)

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to pass orders on the petitioner's application dated 01.07.2016 for the stone quarry license for the land situated in S.No.36/1 Part, 36/2 Part and 45/2 Part in Sukkampalayam Village, Palladam Taluk, Tiruppur District to the extent of 2.36.0 hectares.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Govindasamy, 1 & 2 Special Government Pleader for R1 to R3.

For Repondents 3 to 5 : Mr.J.Vinoth for M/s.Muthumani Doraisami

O R D E R

The petitioner seeks for a mandamus directing the first respondent to pass orders on the petitioner's application dated 01.07.2016 seeking licence for sand quarry at the land situated at S.No.36/1 Part, 36/2 Part and 45/2 Part in Sukkampalayam Village, Palladam Taluk, Tiruppur District to the extent of 2.36.0 hectares.

2. The grievance of the petitioner is that the said application has not been considered so far.

3. On the other hand, the impleaded respondents submitted that they are having objection for granting of such licence in favour of the petitioner.

4. Learned Additional Government Pleader, based on instructions, submitted that the application filed by the petitioner was not in order.

5. In any event, as no order is passed on the petitioner's application so far, this Court, without expressing any on the merits of the matter, only directs the first respondent to pass orders on the petitioner's application on merits and in accordance with law, after hearing the petitioner as well as the contesting respondents and other interested parties, if any. This Court is not expressing any view on the merits of the matter as it is for the first respondent to consider and decide. Such exercise shall be done by the first respondent within period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi To 1.The District Collector, Tiruppur District, Tiruppur.

2. The Assistant Director of Mines, Collectorate, Tiruppur, Tiruppur District.

+1 cc to M/s.Muthumani Doraisamy Advocate sr 19619 +1 cc to Govt pleader sr 20061 +1 cc to Mr.C.Prakasam Advocate sr 19876 W.P.No.1112 of 2018 aa22/003/2018