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Madras High CourtWP/10269/2024disposed of

M.Palaniyandi v. The District Collector

2024-04-17Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Palaniyandi ..

Petitioner Vs.

1. The District Collector O/o. The District Collector @ Perambalur Perambalur District.

2. The Block Development Officer Alathur, Perambalur District.

3. The Thasildar Alathur Taluk, Perambalur District.

4. The Chief Engineer Public Works Department Thuraimangalam, Perambalur District.

5. The Village Administrative Officer Thuraimangalam, Perambalur District.

6. Kalaiyarasan Panchayat President Kaarai Village, Alathur Taluk Perambalur District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 5 herein to prevent the illegal activities of the 6th respondent extracting the soil illegally from the waterbody namely "Kaarai Eri" in S.No.45 situated at Kaarai Revenue Village, Alathur Taluk, Perambalur District and to take necessary action against the 6th respondent.

For the Petitioner : Mr.C.Samivel For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Samivel, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 5.

2. Learned counsel for the petitioner submits that the sixth respondent is illegally excavating soil from the lake. Representation is given by the petitioner, however, to no avail. Photographs are filed on record to show that the soil is excavated in large quantities.

3. Learned Special Government Pleader submits that on 04.03.2024, the Executive Engineer, Water Resource Department, has recommended to the District Collector for granting permission to quarry from the subject site, however, the District Collector, till today, has not granted permission.

4. Without obtaining permission, no soil can be quarried. The respondent Authorities shall look into the representation filed by the petitioner and decide the same, in accordance with law, preferably within a period of six weeks.

5. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 17.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector O/o. The District Collector @ Perambalur Perambalur District.

2. The Block Development Officer Alathur, Perambalur District.

3. The Thasildar Alathur Taluk, Perambalur District.

4. The Chief Engineer Public Works Department Thuraimangalam, Perambalur District.

5. The Village Administrative Officer Thuraimangalam, Perambalur District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 17.04.2024