Gudalaru-Manjalaru v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.23432 of 2015 and M.P.No.1 of 2015 Gudalaru-Manjalaru Sagupadiyalargal Sangam, Regd. No.61/2013, rep. by its President W.Aruldoss, Kazhiyappanallur-609 307, Tharangampadi Taluk, Nagapattinam District.

.. Petitioner -vs1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Assistant Director of Mines and Minerals, Collectorate, Nagapattinam, Nagapattinam District.

3. The Sub Collector, Myladuthurai, Nagapattinam District.

4. Amudheeswara Nathan

5. S.Kumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 02.04.2014 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.STS.Moorthy Govt. Pleader for R1 to R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On perusal of the writ petition, the only issue which needs to be examined is the allegation that the soil is being removed contrary to the terms of the permission dated 20.12.2013, in as much as per Clause 15 of the terms and conditions, the total depth of quarrying shall not exceed 2.0 meters from the surface. It is the say of the petitioner that the soil has been dug up to 10 to 12 meters, which resulted in the adjacent paddy field owners finding it difficult to retain the water which seeps out.

In this behalf, last representation is stated to have been made on 02.04.2014.

2. We direct the first respondent to cause inspection to be made at site and dispose of the representation of the petitioner by a speaking order, after notice to all concerned within a maximum period of one month of the receipt of the order.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed. bbr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Assistant Director of Mines and Minerals, Collectorate, Nagapattinam, Nagapattinam District.

3. The Sub Collector, Myladuthurai, Nagapattinam District.

+ 1 cc to M/s.C.Prakasam, Advocate SR 40043 + 1 cc to Govt.Pleader, High Court, Madras 104 SR 39787 rsk(co) prk14/8 W.P.No.23432 of 2015 https://hcservices.ecourts.gov.in/hcservices/