C.Vasudevan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.15004 of 2021 C.Vasudevan ... Petitioner -vs1. The District Collector, Salem Collectorate, Salem-636 001.

2. The Deputy Director, Department of Geology and Mining, Collectorate Building, Salem-636 001.

3. M.Deepa

4. G.Girija

5. G.Chitra

6. B.Revathi

7. B.Tamilselvan

8. S.Anuradha

9. R.Shanmugapriya ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 21.8.2020, consequently direct the respondents 1 and 2 to initiate appropriate action against the illegal quarrying at Survey No.14/8A, Chellapillai Kutti Village, Omalur Taluk, Salem District.

For Petitioner :

Mr.B.Manimaran For Respondents : Mr.S.J.Mohammed Sathik Counsel for State for RR 1 and 2

ORDER

(Made by Senthilkumar Ramamoorthy, J.) The petitioner complains of illegal quarrying by respondents 3 to 9 in S.No.14/8A, Chellapillai Kutti Village, Omalur Taluk, Salem District.

2. The petitioner asserts that the aforesaid lands were initially owned by Mrs.G.Suseela. After her demise, respondents 3 to 9, who are her legal heirs, have carried out illegal mining in the lands without obtaining the requisite licence. It is further stated that in spite of issuing a representation dated 21.08.2020 to respondents 1 and 2, no action has been taken thereon.

3. Mr.S.J.Mohammed Sathik, learned counsel for the State, accepts notice on behalf of respondents 1 and 2 and states that the first respondent will consider and dispose of the petitioner's representation within a reasonable time-frame.

4. Accordingly, without going into the merits of the matter, the first respondent is directed to consider the representation dated 21.08.2020 and dispose of the same by a reasoned order after providing a reasonable opportunity of hearing to the petitioner and to respondents 3 to 9. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. On account of the fact that the first respondent has been directed to hear the private respondents before passing orders, the writ petition is being disposed of without notice to the private respondents.

5. W.P.No.15004 of 2021 is disposed of without any order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To:

1. The District Collector, Salem Collectorate, Salem-636 001.

2. The Deputy Director, Department of Geology and Mining, Collectorate Building, Salem-636 001.

+1cc to Mr.B.Manimaran, Advocate, S.R.No.35159 +1cc to the Government Pleader, S.R.No.35304 W.P.No.15004 of 2021 VSNII(CO) PBS(27/07/2021)