N.Natarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.N.Natarajan 2.M.Kumarasamy .. Petitioners Vs 1.The District Collector, Tiruppur Collectorate, 2.The Assistant Director of Geology and Mines, Tiruppur Collectorate, Tiruppur.
3.The District Environmental Engineer, The Tamil Nadu Pollution Control Board, (Tiruppur District-North) Kumaran Complex, Kumaran Road, Tiruppur-641 601.
4.V.P.S. Stone Quarry, rep. by K.Palanisamy Door No.39, Sengadu, Rakkiyaapalayam Village, Uthukuli Taluk, .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to prevent the fourth respondent from carrying on any quarrying activities in Survey No.263/2 in Sengadu, Rakkiyaapalayam Village, Uthukuli Taluk, Tiruppur District.
For the Petitioners : Mr.C.Santhosh Kumar For the Respondent : Mr.P.Muthukumar State Government Pleader for respondents 1 and 2 : Mrs.Shanmugavalli Sekar for 3rd respondent
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) The application, being W.M.P.No.11527 of 2023, filed to permit the petitioners to file a single writ petition is allowed, inasmuch as they have paid separate set of court-fee.
2. The petitioners have filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 and 2 to prevent the fourth respondent from carrying on any quarrying activities in Survey
No.263/2 in Sengadu, Rakkiyaapalayam Village, Uthukuli Taluk,
3. A perusal of the representation dated 10.3.2023 made by the petitioners to the second respondent shows that the petitioners have requested the second respondent not to grant or renew the licence issued in favour of the fourth respondent. However, the petitioners have not sent any representation to the respondent authorities to prevent the fourth respondent from carrying on any quarrying activities in the land in question till the renewal of licence or refusal thereof.
4. It is trite that a prayer for issuance of writ of mandamus can be maintained only if there is a demand and a consequent refusal. The power to issue a mandamus has to be exercised only when the government or a public authority has failed to exercise or has wrongly exercised the discretion conferred upon it by a statute or a rule or policy decision or has exercised such discretion mala fide or on irrelevant considerations and materials. In the case on
hand, there is no such demand or refusal. Ex consequenti, the writ petition for issuance of a mandamus is not maintainable. For the foregoing reasons, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.No.11528 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 18.04.2023 Index :
No No sasi To:
1.The District Collector, Tiruppur Collectorate, 2.The Assistant Director of Geology and Mines, Tiruppur Collectorate, Tiruppur.
3.The District Environmental Engineer, The Tamil Nadu Pollution Control Board, (Tiruppur District-North) Kumaran Complex, Kumaran Road, Tiruppur-641 601.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 18.04.2023