Kothandaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.17232 of 2023 Kothandaraman . . . Petitioner Vs.

1. The District Collector, Villupuram District,

2. The District Revenue Officer, Villupuram District,

3. The Revenue Divisional Officer,

4. The Tahsildar,

5. Joint Director, Geology and Mining

6. The Inspector of Police, Brammadesam Police Station,

7. Vinoth,

8. Karthikeyan . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the 1st respondent from issuing license for quarrying red soil in respect of the land situated at S.No.24/1 measuring to an extent of 5 acres situated at Thalakaanikkuppam Village, Vanur Taluk, Villupuram District based on the representation of the petitioner dated 10.04.2023 and based on the Peace Committee Meeting proceedings dated 10.04.2023 in Na.Ka.A10/3249/2020 by the 3rd Respondent. For petitioner : M/s.C.Prabakaran For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 to R6.

ORDER

This Writ Petition has been filed seeking to forbear the 1st respondent from issuing license for quarrying red soil in respect of the subject lands on the basis of the petitioner's representation dated

10.04.2023.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 6.

3. Since, no adverse order is being passed against the respondents 7 & 8, notice to respondents 7 & 8 is dispensed with.

4. It is the case of the petitioner that the property comprised in S.No.24/1 measuring to an extent of about 5 Acres is a Government Tharisu land with borewels being set up for drawing water for the purpose of irrigation by the villagers. The said land is surrounded by the agricultural lands. The petitioner being the owner of one such agricultural land is also benefited from the water drawn out of the wells for irrigation. While so, the land in S.No.24/1 was surveyed by the Government authorities for the purpose of establishing the Red Soil quarry. Objecting the same, the petitioner along with the villagers made a collective representation to the 3rd respondent, in response to which, the communication dated 10.04.2023 was issued by the 3rd respondent informing the parties to participate in the peace

meeting to be held on 12.04.2023. The petitioner also made a representation dated 10.04.2023 to the respondents objecting the establishment of quarry. However, the respondents 7 & 8 did not turn up for peace meeting. Till date, the petitioner's representation is also pending consideration. Hence, this Writ Petition.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to conduct enquiry on the basis of the petitioner's representation dated 10.04.2023 and pass appropriate orders on merits, within the time frame that may be stipulated by this Court.

6. On the above contention, this Court heard the learned Additional Government Pleader appearing on behalf of the respondents 1 to 6.

7. In view of the limited relief sought for the petitioner, this Court without going into the merits of the case, directs the 1st respondent to conduct an enquiry on the basis of the petitioner's representation dated 10.04.2023 and pass appropriate orders on the same in accordance with law,

within a period of Six weeks from the date of receipt of a copy of this order after affording an opportunity of personal hearing to the petitioner as well as to the private respondents.

8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

20.06.2023 Index : Yes / No Internet : Yes / No NHS To

1. The District Collector, Villupuram District,

2. The District Revenue Officer, Villupuram District,

3. The Revenue Divisional Officer,

M.DHANDAPANI, J NHS

4. The Tahsildar,

5. Joint Director, Geology and Mining

6. The Inspector of Police, Brammadesam Police Station, 20.06.2023