G.Sambath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.11.2015 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice PUSHPA SATHYANARAYANA Writ Petition No.36256 of 2015 and M.P.No.1 of 2015 ------- G.Sambath .. Petitioner

Versus

1.The District Collector Thiruvallur District, Thiruvallur.

2.The Assistant Director Geology and Mining Thiruvallur District, Thiruvallur.

3.The Executive Engineer, Public Works Department Kusasthalaiyar Basin Division Water Resources Organisation Thiruvallur 602001.

... Respondents Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the first respondent to take necessary action against the 3rd respondent from mining river sand at Kosasthalaiyar River in S.No.293 (Part) situated at No.73, Punnapakkam Village, Uthukottai Taluk, Thiruvallur District, contrary to the licence granted by 1st respondent in Na.Ka.No.98/2015/Mineral-2 dated 17.04.2015 and to cancel the licence by considering the petitioner's representation dated 16.09.2015. For Petitioner ::: Mr.T.P.Sekar For Respondents ::: Mr.STS.Murthi Government Pleader for R.1 to R.3

O R D E R

(The Order of the Court was made by The Hon'ble The ChiefJustice) The petitioner had earlier filed a petition before the National Green Tribunal, but the issue of violation of the terms of the license having arisen, they were left open to be agitated in appropriate proceedings and the present petition is thus filed.

2. The material on record shows that an inspection has been carried out by the Sub-Collector on 07.10.2015 and thus, if any violations as alleged by the petitioner qua special condition Nos.4 and 7 are found, necessary action in accordance with law would be taken. However, if the allegations of the petitioner are found to be incorrect, then the petitioner would have to pay for the expenses for carrying out the inspection.

3. Necessary decision be communicated to the petitioner within one month of the receipt of the order.

4. The writ petition accordingly stands disposed of. No costs. Consequently connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector Thiruvallur District, Thiruvallur.

2.The Assistant Director Geology and Mining Thiruvallur District, Thiruvallur.

3.The Executive Engineer, Public Works Department Kusasthaliyar Basin Division Water Resources Organisation Thiruvallur 602001.

+1 cc to T.P.Sekar Advocate sr.61850 +1 cc to Government pleader sr.62012 W.P.No. 36256 of 2015 aa20/11/2015