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Madras High CourtWP/38847/2016disposed of

Mr.Solai, v. The Commissioner Of

2021-07-01Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.38847 of 2016 Solai ... Petitioner Vs 1.The Commissioner of Geology and Mining Department of Geology and Mining Thiru.vi.ka. Industrial Estate Guindy, Chennai-600 032.

2.The District Collector Pudukottai District Pudukottai.

3.Panner Mohammed ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 06.06.2016 and initiate action to cancel the stone quarry licence granted to the 3rd respondent after due notice to all and after due enquiry within reasonable time.

For Petitioner : Mr.R.S.Anandan For R1 and R2 : Mr.Stalin Abimanyu Government Advocate

ORDER

This writ petition has been filed for a mandamus directing the 1st respondent to consider the representation of the petitioner dated 06.06.2016 and initiate action to cancel the stone quarry licence granted to the 3rd respondent. 2.According to the petitioner, the third respondent is running a stone quarry in the petitioner's ancestral properties in S.Nos.464/1, 464/2, 464/3 of Voylogam Village, Koluthur Taluk, Pudukottai District, measuring to an extent of 4.47 https://hcservices.ecourts.gov.in/hcservices/

acres, which were purchased by him from one Ponnaiah Devar, who acquired the said properties fraudulently. Hence, the petitioner made a representation dated 06.06.2016 to the 1st respondent to cancel the licence granted to the 3rd respondent, which was not considered till date. Therefore, this writ petition.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2 and also perused the documents enclosed in the typed set of papers.

4.Considering the limited relief sought in this writ petition, this Court directs the 1st respondent to consider the petitioner's representation dated 06.06.2016, if not considered earlier and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the 3rd respondent, within a period of six

(6) weeks from the date of receipt of a copy of this order. 5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Commissioner of Geology and Mining Department of Geology and Mining Thiru.vi.ka. Industrial Estate Guindy, Chennai-600 032.

2.The District Collector Pudukottai District Pudukottai.

+1cc to M/s.R.S.Anandan, Advocate, S.R.No.30542 W.P.No.38847 of 2016 PMK(CO) CB(13/08/2021) https://hcservices.ecourts.gov.in/hcservices/