E.Karnal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. E.Karnal No.167/64, Konnur High Road, Ayanavaram, Chennai-23.

Petitioner(s) Vs

1. The District Collector Thiruvallur Collector Office, Jayanagar, Tiruvallur, Tamil Nadu-602 001.

2.Executive Engineer, P.W.D. Araniyar Basin Division, Elizham, Chepauk, Chennai-5 3.Assistant Director Of Geology And Mining, Thiruallur District, Thiruvallur.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent to issue NOC for refund of

security deposit pertaining to the quarry at survey No.1374/1 (part) Voyalur-II village, Mammanikaleri, Ponneri taluk, Thiruvallur District and direct the first petitioner to refund the security deposit of Rs.9,35,906/- to the petitioner and pass orders.

For Petitioner(s):

Mr.V.Balakrishnan For Respondent(s):

Mr.E.Vijay Anand Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to issue No objection certificate for refund of security deposit to the petitioner to the tune of Rs.9,35,906/-. 2.

Heard Mr.V.Balakrishnan, learned counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader for Respondents 1 to 3.

3.

The case of the petitioner is that he was permitted to quarry 5000 loads of Savudu sand. The petitioner quarried nearly 471 loads and the petitioner was permitted to quarry only for a period of 55 days out of which the petitioner was actually able to quarry for 14 days. Thereafter, everything came to a grinding halt due to rains. In view of the same, the petitioner made a

representation to the 2 nd respondent seeking for a No objection certificate in order to enable the petitioner to get refund of the security deposit. The grievance of the petitioner is that the 2 nd respondent has failed to give the no objection certificate inspite of receiving the representation dated 28.03.2025. It is under these circumstances, the present writ petition came to be filed before this Court. 4.

The learned Additional Government Pleader appearing on behalf of the respondent submitted that the 2 nd respondent has to inspect and submit a report before the 3 rd respondent. Thereafter, the 3 rd respondent will place the note before the 1 st respondent and the 1 st respondent will pass appropriate orders.

5.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court and after considering the submissions made on either side, there shall be a direction to the 2 nd respondent to submit the report before the 3 rd respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the 3 rd respondent shall place the note before the 1 st respondent and the 1 st respondent shall pass appropriate orders. This process shall be completed within a period of eight weeks thereafter.

6.

This writ petition is disposed of with the above directions. No costs.

02-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Thiruvallur Collector Office, Jayanagar, Tiruvallur, Tamil Nadu-602 001.

2.Exectutive Engineer, P.W.D. Araniyar Basin Division, Elizham, Chepauk, Chennai-5 3.Assistant Director Of Geology And Mining, Thiruallur District, Thiruvallur.

N.ANAND VENKATESH J.

rka 02-06-2025