Perambalur District Stone v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.18579 of 2019 Perambalur District Stone Quarry, Crusher, M.Sand Owners' Association rep. by its Secretary, D.Sathiyaraj No.112, MPS Complex Collector Office Road Perambalur - 621 212.
.. Petitioner Vs
1. The Commissioner of Land Administration Ezhilagam, Kamarajar Salai Chennai - 600 005.
2. The District Collector Perambalur.
3. The Revenue Divisional Officer/ Block Development Officer Perambalur Perambalur District.
4. The Tahsildar (Revenue) Perambalur Taluk Perambalur.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation of the members of the petitioner association dated 8.1.2019, duly acknowledged by the respondents on 22.1.2019, not to issue free patta in respect of the petitioners' industries within the prohibited distance of 300 meters in Perambalur District.
For Petitioner : Mr.K.R.Krishnan For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader
ORDER
(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) This writ petition is filed to direct the respondents to consider the representation of the members of the petitioner association to not approve the unauthorized layout or issue patta within the prohibited distance of the quarry sites. The petitioner states that a representation was issued by the petitioner Association to the respondents in this connection on 8.1.2019, but no action was taken pursuant thereto.
2. In several cases of this nature, this Court observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter involves significant public interest.
3. Accordingly, without examining the merits of the representation dated 8.1.2019, the official respondents concerned are directed to dispose of the same by a speaking order within a period of six weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity to the affected parties. In the event the petitioner is aggrieved by such decision, it is open to the petitioner to pursue his remedies in accordance with law, otherwise than by a public interest litigation, after establishing his locus standi in that regard. It will also be open to the respondent authorities to look into the quarrying activities undertaken by the members of the petitioner association and as to whether such activities are in accordance with law.
4. W.P.No.18579 of 2019 is disposed of on the above terms. There will be no order as to costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sasi
To:
1. The Commissioner of Land Administration Ezhilagam, Kamarajar Salai Chennai - 600 005.
2. The District Collector Perambalur.
3. The Revenue Divisional Officer/ Block Development Officer Perambalur Perambalur District.
4. The Tahsildar (Revenue) Perambalur Taluk Perambalur.
+1cc to Mr.KR. KRISHNAN, Advocate, S.R.No.7105 +1cc to the Government Pleader, S.R.No.7101 PA(CO) SM/18/02/2021 W.P.No.18579 of 2019