M.Anbalagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 12050 of 2020 M.Anbalagan .. Petitioner vs 1.The District Collector District Collector Office, Thiruvallur, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur,Thiruvallur District.

3.The Tahsildar Taluk Office,Thiruvallur, Thiruvallur District.

4.The Executive Engineer Public Works Department,Thiruvallur, Thiruvallur District.

5.Rajam Engineering Construction, NO.5/2,28A,Salem Main Road, Raman Nagar, Mettur, Salem.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 1 to 4 to restrain the 5th respondent from illegal quarrying of sand in the Koovam River, Kadambathur Panchayat Union,Thiruvallur District based on the representation of the petitioner dated 10.08.2020.

For Petitioner ..

Mr.M.Aloysius Raja Pragash For Respondents ..

Mr.S.R.Rajagopal, Additional Advocate General assisted by

Mr.G.K.Muthukumar, Special Government Pleader for R1 to R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that notwithstanding the objections made and bringing to the notice of respondents 1 to 4, the illegal sand quarrying operation is being carried out by the fifth respondent, the present writ petition has been filed.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for respondents 1 to 4.

3. Learned Additional Advocate General appearing for respondents 1 to 4 submitted that the allegations prima facie are not correct and the clay is being removed for the construction of dam.

4. We are not inclined to go into the merits of the case. It is for respondents 1 to 3 to look into the allegations and take appropriate action. However, taking into consideration the pendency of the representation made on 10.08.2020 by the petitioner, we call upon respondents 1 to 3 as the case may be to look into the same and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The District Collector District Collector Office, Thiruvallur, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur,Thiruvallur District.

3.The Tahsildar Taluk Office,Thiruvallur, Thiruvallur District.

4.The Executive Engineer Public Works Department,Thiruvallur, Thiruvallur District.

+2ccs to Mr.M.Aloysius Raja Pragash , Advocate SR.No. 28912 +1 cc to Government Pleader Sr.No. 29107,29086 W.P.No.12050 of 2020 A.SK(08/09/2020)