S.Venkateshwaran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Venkateswaran ..
Petitioner Vs.
1. The District Collector Chengalpattu District.
2. The Assistant Director of Geology and Mining Department of Geology and Mining Chengalpattu, Chengalpattu District.
3. The Revenue Divisional Officer Chengalpattu, Chengalpattu District.
4. The Tahsildar Chengalpattu Taluk Office Chengalpattu District.
5. The Executive Engineer Water Resources Department Lower Palar Basin Division Kancheepuram.
6. Sri Amman Constructions No.L.29, Central Avenue Korattur, Chennai - 600 080.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent to conduct an enquiry and cancel the permission granted to the 6th respondent for mining of normal sand from the lakw namely'Kaachadimangalam Periya Eeri and Sitheri' situated in S.No.59/2 at Thenmelpakkam Village, Chengalpattu Taluk and District based on the petitioner's representation dated 12.03.2024.
For the Petitioner : Mr.C.Neethimozhi For the Respondents : Mr.P.Muthukumar Additional Advocate General assisted by Mr.K.Karthik Jegannath Government Advocate for R1 to R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.C.Neethimozhi, learned counsel for the petitioner and Mr.P.Muthukumar, learned Additional Advocate General assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 to 5.
2. Learned counsel for the petitioner submits that permission is granted to the sixth respondent for 30 days to quarry earth for Southern Railway Formation of new railway track from Kattankolathur to Maraimalai Nagar in S.F.No.59/2, however, the sixth respondent is selling it to private persons.
3. Learned Additional Advocate General has placed on record the instructions received from the Deputy Director, Geology and Mining and submits that permission is granted to quarry earth for the Southern Railway work and based on the petitioner's request, report has been called for and if any violations are reported, further action will be initiated as per the Rules. Learned Additional Advocate General further submits that the Public Works Department has given a report on 23.03.2024 to the District Collector, stating that as on the said date no violations were noticed. If any violations take place, action would be taken in accordance with the Rules.
4. In view of the aforesaid statement, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.9198 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 25.03.2024 Index :
Yes/No :
Yes/No drm
To
1. The District Collector Chengalpattu District.
2. The Assistant Director of Geology and Mining Department of Geology and Mining Chengalpattu, Chengalpattu District.
3. The Revenue Divisional Officer Chengalpattu, Chengalpattu District.
4. The Tahsildar Chengalpattu Taluk Office Chengalpattu District.
5. The Executive Engineer Water Resources Department Lower Palar Basin Division Kancheepuram.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 25.03.2024