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Madras High CourtWP/9733/2023disposed of

Parthiban v. The District Collector

2023-03-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Parthiban ... Petitioner Vs.

1.The District Collector, Tiruvannamalai District.

2.The Sub Collector, Cheyyar, Tiruvannamalai District.

3.The Joint Director, Geology and Mines Department, Guindy, Chennai - 600 032.

4.The Deputy Director, Geology and Mines Department, Tiruvannamalai District.

5.Sankar 6.M/s.Golden Sands, No.15, 4th Street, VGP Layout, ECR, Enchambakkam, Solinganallur, Chennai - 600 115.

... Respondents Page No.1 of 4

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representations dated 07.02.2023 and thereby direct the respondents 1 to 4 to take necessary action against the respondents 5 and 6 for using the high explosive substances for blasting the rocks.

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader [R1 to R4]

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 1 to 4 to consider the petitioner's representation dated 07.02.2023 and thereby direct the respondents 1 to 4 to take necessary action against the respondents 5 and 6 for using the high explosive substances for blasting the rocks.

2. The case of the petitioner is that the respondents 5 and 6 were running quarries near the petitioner's house, in which, they are using high explosive substances for blasting rocks. Hence, the petitioner made Page No.2 of 4

objection before the first respondent on 07.02.2023. Since the same was not considered, the present writ petition is filed before this Court for appropriate directions.

3. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the respondents 1 to 4 to consider the petitioner's representation dated 07.02.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents 1 to 4 has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representation dated 07.02.2023, after affording opportunity to the nearby license holders, who are running quarry business, within a period of six (6) weeks from the date of receipt of a copy of this order.

Page No.3 of 4

M.DHANDAPANI, J.

sp

6. With the above directions, this Writ Petition is disposed of. No costs.

30.03.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The District Collector, Tiruvannamalai District.

2.The Sub Collector, Cheyyar, Tiruvannamalai District.

3.The Joint Director, Geology and Mines Department, Guindy, Chennai - 600 032.

4.The Deputy Director, Geology and Mines Department, Tiruvannamalai District.

Page No.4 of 4