C.K.Nandhakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.16126 of 2016 C.K.Nandhakumar .. Petitioner -vs1.The District Collector, Erode District, Erode.

2.Assistant Director, Geological and Mines Department, Collectorate, Erode District.

3.The Assistant Director, Land Survey Department, Collectorate, Erode District.

4.Revenue Divisional Officer, Erode Division, Brough Road, Erode.

5.Thasildhar, Perundurai Taluk, Perundurai, Erode District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to take appropriate action against the illegal mining of gravel soil in Perundurai Taluk, Erode District, in light of the Joint Inspection report dated 11.12.2014 submitted by respondents 2 to 4.

For Petitioner :

Mr.K.Sasindran For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.

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O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The grievance made by the petitioner is that there was violation of quarrying permission in respect of gravel soil by the licencee and illegal mining was done.

2.On representations by the petitioner, action was taken and it is conceded by learned Government Pleader that illegal mining has been found and penalty proceedings have been initiated which are pending with the fourth respondent / Revenue Divisional Officer. He, however, submits that some time has been taken in these penalty proceedings, as there were issues of measurement which were referred to the Thasildhar. 3.Learned Government Pleader, on instructions from Mr.S.Ramesh Kumar, Assistant Geologist, Department of Geology and Mining, assures that the penalty proceedings will be concluded within fifteen (15) days. We take the said statement on record.

4.Writ Petition, accordingly, stands disposed of. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sra To 1.The District Collector, Erode District, Erode.

2.The Assistant Director, Geological and Mines Department, Collectorate, Erode District.

3.The Assistant Director, Land Survey Department, Collectorate, Erode District.

4.Revenue Divisional Officer, Erode Division, Brough Road, Erode.

5.Thasildhar, Perundurai Taluk, Perundurai, Erode District.

+1 cc to Mr.K.Sasindaran Advocate sr.26853 +1 cc to the Government Pleader High Court Madras sr 27076 W.P.No.16126 of 2016 aa03/05/2016