S.Murugaiyan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.11915 of 2021 S.Murugaiyan .. Petitioner Vs 1 The District Collector Collectorate, Coimbatore.

2 The Assistant Director Mines and Minerals Resource Department District Collectoate, Coimbatore.

3 The Tahsildar Kinathukkadavu, Coimbatore.

4 The Superintendent of Police Coimbatore, Coimbatore District.

.. 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 take appropriate action to stop illegal quarrying of sand and soil from the agricultural land situated at S.F.No.246/1B and 247/2(P) and to save petitioner's village based on his representation dated 15.03.2021.

For Petitioner : Mr.K.Balasubramaniam For Respondents : Mr.P.Muthukumar Counsel for the State

ORDER

(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) The petitioner complains of alleged illegal quarrying of sand and soil from the agricultural land in S.F.Nos.246/1B and

247/2(P) in Vadapudur Village, Kinathukadavu Taluk, Coimbatore District.

2. The petitioner alleges that various outsiders have come to the petitioner's village and have indulged in illegal quarrying of sand by using JCBs and lorries for such purpose. In this regard, the petitioner states that a representation was carried to the respondents on 15.03.2021 enclosing photographs of the alleged illegal quarrying activity. It is also stated that a notice dated 25.03.2021 was issued to the first respondent in this regard, but that no action has been taken thereon.

3. Mr.P.Muthukumar, learned counsel for the State, accepts notice on behalf of all the respondents and states that the petitioner's representation would be considered and disposed of by the first respondent within a reasonable time-frame.

4. Consequently, without examining the merits of the matter, the first respondent herein is directed to consider the representation dated 15.03.2021 of the petitioner and dispose of the same after providing a reasonable opportunity of hearing both to the petitioner and to persons allegedly indulging in such illegal quarrying. Such a reasoned order should be passed within a period of three months from the date of receipt of a copy of this order.

W.P.No.11915 of 2021 is disposed of in these terms without any order as to costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar sasi To:

1 The District Collector Collectorate, Coimbatore.

2 The Assistant Director Mines and Minerals Resource Department District Collectoate, Coimbatore.

3 The Tahsildar Kinathukkadavu, Coimbatore.

4 The Superintendent of Police Coimbatore, Coimbatore District.

+1cc to Government Pleader SR.No.27794 W.P.No.11915 of 2021 BS(CO) GMY(17/06/2021)