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Madras High CourtWP/11227/2019disposed of

Govindammal v. The District Collector

2019-12-12Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.12.2019

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.11227 of 2019 Govindammal .. Petitioner ..Vs..

1.The District Collector, Ariyalur.

2.The Revenue Divisional Officer, Ariyalur.

3.The Assistant Director, Mines and Minerals, District Collector Office Campus, Ariyalur District.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant permit to the petitioner to take sand from the petitioner's patta land in S.F.No.187/1, Patta No.263, Karaivetti Village, Ariyalur Taluk, Ariyalur District. For Petitioner : Mr.M/s.S.Muthukrishnan For R1to R3 : Mr.N.Inbanathan Additional Govt. Pleader

O R D E R

This petition has been filed in the nature of Writ of Mandamus, to direct the respondents to permit the petitioner to take sand from the petitioner's patta land in S.F.No.187/1, Patta No.263, Karaivetti Village, Ariyalur Taluk, Ariyalur District.

2.It is stated that the petitioner has a patta land in Karaivetti Village, Ariyalur Taluk, Ariyalur District, in Patta No.263 measuring 0.77.00 ares in S.No.187/1. She wants to build a house. She cannot buy sand from outside. Therefore, she seeks permission to take sand from her patta land and then build the house. In this connection, she has given a representation to the District Collector on 25.02.2019 and also to the Official who has to actually grant such permission namely the Assistant Director Mines and Minerals Officer, in the District Collector, https://hcservices.ecourts.gov.in/hcservices/

Office Campus, Ariyalur District on 01.03.2019. Unfortunately, the respondents have not either replied to the said representation or called her for a personal hearing or made any effort to examine the representation or request given by the petitioner. Consequently, this Writ Petition has been filed before this Court.

3. Considering the above facts and circumstances of the case, there shall be a direction to the 3rd respondent to act on the representation dated 01.03.2019 given by the petitioner and if the said representation is not available in the office of the 3rd respondent then the petitioner has to give a fresh representation with all the requisite documents and enclose a copy of the patta and also necessary details, if any required by the 3rd respondent . The petitioner in the first instance may go to the office of the 3rd respondent on 19.12.2019 between 11.a.m and 1.p.m. If the earlier representation of the petitioner is not available then the petitioner may give a fresh representation enclosing all necessary documents on or before 31.12.2019. The 3rd respondent may follow the due procedure including notice of personal hearing, examining all documents and pass orders on or before 31.01.2020.

4.With this observation this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn To 1.The District Collector, Ariyalur.

2.The Revenue Divisional Officer, Ariyalur.

3.The Assistant Director, Mines and Minerals, District Collector Office Campus, Ariyalur District.

+1cc to Mr.S.Muthukrishnan, Advocate SR.No. 103475 +1 cc to Government Pleader Sr.No. 104017 W.P.No.11227 of 2019 A.SK(17/12/2019) https://hcservices.ecourts.gov.in/hcservices/