Sathish v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.12040 of 2023 Sathish .. Petitioner Vs
1. The District Collector Krishnagiri District.
2. The District Engineer Tamil Nadu Pollution Control Board Hosur, Krishnagiri District.
3. The Assistant Director Mines and Minerals Department Office of the District Collector Krishnagiri, Krishnagiri District.
4. The Thasildar Soolagiri Taluk Krishnagiri District.
5. Sarva Infra Private Limited rep. by its Managing Director, Ravikumar Survey No.70/1E, Midithepalli Village Athimugam Post, Soolagiri Krishnagiri District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 16.1.2023 and take appropriate action against the quarry run by the fifth respondent comprised in Survey No.70/1B and 70/1C of Athimugam Village measuring an extent of 4.05.0 hectares of land situated at Soolagiri Taluk, Krishnagiri District.
For the Petitioner : Mr.K.Thiruvengadam For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1, 3 and 4 : Mr.R.Suresh Kumar for M/s.K.M.Vijayan Associates for 5th respondent
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Sathish, son of Kothandaramaiah, a resident of Venkateshapuram Village, Soolagiri Taluk, Krishnagiri District, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 4 to consider the petitioner's representation dated 16.1.2023 and take appropriate action against the quarry run by the fifth respondent in Survey Nos.70/1B and 70/1C of
Athimugam Village, measuring an extent of 4.05.0 hectares of land situate at Soolagiri Taluk, Krishnagiri District.
2. Mr.K.Thiruvengadam, learned counsel for the petitioner, would submit that the fifth respondent has started quarrying activities in Survey Nos.70/1B and 70/1C of Athimugam Village, in a land adjacent to the petitioner's land, without any valid licence from the authorities concerned. It is further submitted that though the original lease period for quarrying lapsed long back, without renewing the same, the fifth respondent is continuing mining activities in the land in question. Ventilating his grievance, the petitioner has also sent a representation on 16.1.2023 to respondents 1 to 4. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Although the petitioner has averred that the lease granted in favour of the fifth respondent expired long back, no shred of material has been produced by the petitioner to show on which date lease was granted in favour of the fifth respondent; the details of
the lease period; and, the date on which the lease period expired. On the basis of vague assertions and baseless allegations not supported by any material, this court cannot entertain the writ petition.
For the foregoing reasons, the writ petition is dismissed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 20.04.2023 Index :
No No sasi To:
1. The District Collector Krishnagiri District.
2. The District Engineer Tamil Nadu Pollution Control Board Hosur, Krishnagiri District.
3. The Assistant Director Mines and Minerals Department Office of the District Collector Krishnagiri, Krishnagiri District.
4. The Thasildar Soolagiri Taluk Krishnagiri District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 20.04.2023