Madras High CourtWP/14438/2017disposed of

S.Mahalingam v. The District Collector

2017-06-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.14438 of 2017 S.Mahalingam .. Petitioner Vs.

1.The District Collector, Vellore District, Vellore.

2.The Joint Director, Geology & Mining, Collectorate, Sathuvachari, Vellore.

3.The Executive Engineer, Water Resources Department, Upper Palar Basin, Katpadi, Vellore.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to process the application dated 31.03.2017 given by the petitioner to quarry the earth from Nadiyalam Lake comprised in Survey No:430/1A1 situated at Nandiyalam Village, Walaja Taluk, Vellore District and grant permission, within a reasonable time as may be stipulated by this Court. For Petitioner : Mr.N.Anand Venkatesh For Respondents : Mr.Akhil Akbar Ali Government Advocate

O R D E R

Mr.Akhil Akbar Ali, learned Government Advocate, takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the first respondent to consider his application dated 31.03.2017, given under Rule 12 of the Tamil Nadu Minor & Mineral Concession Rules, 1959 for grant of quarrying earth slit, Savudu etc., in tanks.

3. The grievance of the petitioner is that the said application has not been considered by the first respondent so far. It is needless to say, that it is for the first respondent to consider and decide as to whether the petitioner is entitled for such permission or not and therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner, however, as the application filed by the petitioner is said to be pending, this writ petition is disposed of, only by directing the first respondent to consider and pass orders on the same on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The District Collector, Vellore District, Vellore.

2.The Joint Director, Geology & Mining, Collectorate, Sathuvachari, Vellore.

3.The Executive Engineer, Water Resources Department, Upper Palar Basin, Katpadi, Vellore.

+1 cc to M/s.N.Anand Venkatesh Advocate sr 40915 W.P.No.14438 of 2017 mp(co) aa23/06/2017