Madras High CourtWP/25368/2015closed

Mrs.D.Vittobai v. The District Collector

2016-06-16Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.6.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.25368 of 2015 Mrs.D.Vittobai Rep. by her Power Agent Mr.D.Deenadayalu Naidu No.1 Kalaivanar Street Stuartpet Arakkonam.

... Petitioner versus

1. The District Collector Vellore District.

2. The Revenue Divisional Officer Office of the Revenue Divisional Ranipet Vellore District.

3. The Commissioner Department of Geology and Mining Thiru.Vi.Ka. Industrial Estate Guindy Chennai-600 032.

4. The Assistant Director of Mines and Geology Vellore Distict

5. The Chairman State Environmental Impact Assessment Authority 3rd Floor Panagal Maligai No.1 Jeenis Road Saidapet Chennai-600 015.

6. The Executive Engineer P.W.D. Vellore

7. The Tahsildar Office of the Tahsildar Arakkonam Taluk Vellore Vellore District.

8. Krishnamurthy Naidu S/o.Not known Cheyyur Village Arakkonam Taluk Vellore District.

9. R.B.Raja ... Respondents

Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 7 to take suitable legal action against the 8th and 9th respondents for excessive sand quarrying in Survey Nos.351/4 and 351/5 Survey No.95 Survey No.108/3 and Survey No.108/10 thereby causing immense loss to the adjacent lands owned by the petitioner and restore the site to original position. For petitioner :

Mr.J.Shanmugasundara Babu For respondents :

Mr.R.Lakshminarasiman, Additional Government Pleader for R-1 to R-7 Mr.V.V.Giridhar, for respondents 8 and 9

O R D E R

By consent of both sides, the Writ Petition is taken up for disposal.

2. The petitioner has filed this Writ Petition to take action against respondents 8 and 9 on the alleged ground that they have done excessive quarrying in certain lands which are adjacent to the petitioner's lands, without obtaining appropriate permission. It appears that subsequently, Revenue Divisional Officer, Ranipet, has submitted a report to the District Collector, Vellore District, stating that respondents 8 and 9 have not violated any of the conditions. Therefore, the petitioner has filed another Writ Petition in W.P.No.10926 of 2016, challenging the report of the Revenue Divisional Officer dated 17.8.2015 as well as the agreement, which was entered into between the 9th respondent and the land owner as well as the first respondent.

3. In the light of the same, this Writ Petition is closed, leaving it open to the petitioner to raise all the questions in W.P.No.10926 of 2016, which is stated to be pending. No costs. Consequently, M.P.No.1/2015 is also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

tar To