M.Rajendran v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:27.06.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.4404 of 2011 and M.P.No.1 of 2011 M.Rajendran .. Petitioner -vs1.The State of Tamil Nadu, Rep. By its Secretary to Govt., Public Works Department, 2.The State of Tamil Nadu, Rep. By its Secretary to Govt., Industries Department, Secretariat, 3.The State of Tamil Nadu, Rep. By its Secretary to Govt., Revenue Department, Secretariat, 4.The State of Tamil Nadu, Rep. By its Secretary to Govt., Transport Department, Secretariat, 5.The Controller of Legal Metrology, Teynampet, Chennai-18.
6.The Director of Geology and Mines, Guindy, Chennai.
7.The Principal Chief Engineer (Water Resources Department) / Chief Engineer (Public), Public Works Department, Chennai-5.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to ban the measuring methodology adopted by the respondents, in terms of the so called 'unit' to measure the mass of the river sand and thereby fixing the price of sand loaded, on that measurement and further direct them to strictly enforce the provisions of the Standards of Weights and Measures Act, 1976, by an erection of Automatic Weigh Bridge, as well as by installation of video surveillance at the exit of quarrying site, to ensure the exact mass of the river sand and timing operation of quarrying, by considering the registered laden weight of that vehicle, in terms of Kilograms and fix the sand price on that weight.
For Petitioner :
Mr.M.Rajendran, Party-in-Person For Respondents :
Mr.S.T.S.Murthi, Govt. Pleader.
RR1 TO 7 * * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner states that the petition has become infructuous, as implementation sought of the Standards of Weights and Measures Act, 1976, itself stands superseded by the Legal Metrology Act, 2009. He submits that the challenge to the relevant provisions of the latter Act have already been made and that writ petition is pending before the Madurai Bench of this Court.
2.The present petition is, thus, dismissed as infructuous. No costs. Consequently, M.P.No.1 of 2011 also stands dismissed. sra Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary to Govt. of Tamil Nadu, Public Works Department,
2.The Secretary to Govt. of Tamil Nadu, Industries Department, Secretariat, 3.The Secretary to Govt. of Tamil Nadu, Revenue Department, Secretariat, 4.The Secretary to Govt. of Tamil Nadu, Transport Department, Secretariat, 5.The Controller of Legal Metrology, Teynampet, Chennai-18.
6.The Director of Geology and Mines, Guindy, Chennai.
7.The Principal Chief Engineer (Water Resources Department) / Chief Engineer (Public), Public Works Department, Chennai-5.
+ 1 CC TO GOVT.PLEADER, SR 35647 KR/13/7/16 W.P.No.4404 of 2011