Vai. So. Kalidasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.24936 of 2017 and WMP.No.26314 of 2017 Vai.So.Kalidasan .. Petitioner vs.
1.The District Collector, Nagapattinam District, 2.The Assistant Director, Mines and Minerals Department, 3.The Tahsildar, Vedaraniyam Taluk, Nagapattinam District.
4.So.Vedaiyan 5.Muruganatham .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st and 2nd respondents to allow quarrying of silt, savudu, gravel in Vanangkkottagam lake in Thanikottagam village, Vedaraniyam Taluk, Nagapattinam District strictly as per the norms laid down
(2) in G.O.Ms.No.50 Industries (MMC.1) Department, dated 27.4.2017.
For Petitioner : Mr.K.Sakthivel For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1 to 3
ORDER
(Order of the Court was made by M.Sundar, J.) This is a public interest litigation.
2. This public interest litigation has been filed with a prayer to mandamus the official respondents 1 and 2 before us to permit quarrying of silt, savudu, gravel in Vanangkkottagam lake in Thanikottagam village, Vedaraniyam Taluk, Nagapattinam District, strictly in accordance with the norms said to have been laid down in G.O.Ms.No.50 Industries (MMC.1) Department, dated 27.4.2017.
3. Mr.T.N.Rajagopalan, learned Special Government Pleader accepts notice on behalf of the official respondents 1 to 3.
(3)
4. At the hearing, Mr.K.Sakthivel, learned counsel appearing for the petitioner abridges/restricts his prayer. The abridged prayer before us is that the petitioner would be satisfied if there is a direction to respondent No.1 i.e., the District Collector, Nagapattinam to dispose of the representation dated 03.7.2017 said to have been given by the petitioner to respondent No.1.
5. To be noted, aforesaid representation is found at pages 4 to 7 of the typed set of papers annexed to the writ petition.
6. It is seen from the typed set of papers that the acknowledgment annexed shows that the aforesaid representation dated 03.7.2017 has been given to the Revenue Divisional Officer, Nagapattinam and there is nothing to show that it has been given to the first respondent/District Collector,
7. Therefore, we issue the following directions:
(4) (i) On receipt of the certified copy of this order, the writ petitioner shall send a copy of this order together with a copy of the aforementioned representation dated 03.7.2017 to respondent No.1 within a fortnight from the date of receipt of a copy of this order by the writ petitioner under due acknowledgment.
(ii)On receipt of the copy of the representation dated 03.7.2017 along with copy of this order, as aforesaid, respondent No.1/District Collector, Nagapattinam shall consider and pass orders on the aforesaid representation dated 03.7.2017 made by the petitioner within a period of one month from the date of receipt of a copy of the order together with copy of the representation.
7. The writ petition is disposed of in terms aforesaid. No costs. Consequently, W.M.P.No.26314 of 2017 is closed. (I.B., CJ.) (M.S., J.)
(5) 22.09.2017 Index :
No Internet :
Yes bbr To:
1.The District Collector, Nagapattinam District, 2.The Assistant Director, Mines and Minerals Department, 3.The Tahsildar, Vedaraniyam Taluk, Nagapattinam District.
(6) THE HON'BLE CHIEF JUSTICE AND M.SUNDAR, J.
bbr W.P.No.24936 of 2017 22.09.2017