N.Sivaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN N.Sivaraman S/o.Natarajan, No.402, Thoppu Street, Thiruthuraiyur Village and Post, Cuddalore District-607 205 Petitioner Vs 1.The District Collector District Collector, Cuddalore 2.The Assistant Director Mines and Minerals Department, Cuddalore 3.The Tahsildar Cuddalore District 4.The Block Development Officer (BP) Annagiramam Union, Cuddalore District

5.K.Murugan S/o.Kattaiyan, Kovil Street, Thiruthuraiyur Vilalge and Post, Cuddalore District-607 205 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take action for closure unauthorized illegal operation of Brick kiln by the respondent 5 situated at Survey No.35/5A in Thiruthuraiyur village and Post, Panruti Taluk, Cuddalore District. For Petitioner:

No Appearance For Respondents:

Mr.Habeeb Rahman Government Advocate for respondent Nos.1 to 4 Ms.K.Mumtha for Mr.Tirumoorthy for respondent No.5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) None for the petitioner.

2. This petition, styled as Public Interest Litigation (PIL), was filed seeking direction to the official respondents to take action for closure of the unauthorised illegal operation of brick kiln by respondent No.5.

3. The counter-affidavit filed by the State counsel clearly shows that after conducting enquiry into the allegation with regard to the illegal quarrying operation, proceedings were initiated and it was found that though permit for quarrying brick earth was not granted, respondent No.5 was involved in removing brick earth from the disputed area. On such finding, the authority has now recommended levy of penalty on respondent No.5 as per the Tamil Nadu Minor Mineral Concession Rules, 1959.

4. In our view, the purpose of filing this PIL stands served, as the authorities have initiated proceedings for levy of penalty.

5. Learned counsel for respondent No.5 prays that respondent No.5 may be granted liberty to challenge the action.

6. Leaving it open for respondent No.5 to work out such remedy as may be available against the proposed action of levy of penalty, this PIL stands closed now. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 25.08.2025 Index :

Yes/No :

Yes/No bbr To:

1.The District Collector District Collector, Cuddalore 2.The Assistant Director Mines and Minerals Department, Cuddalore 3.The Tahsildar Cuddalore District 4.The Block Development Officer (BP) Annagiramam Union, Cuddalore District

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr 25.08.2025