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Madras High CourtWP/21028/2022disposed of with direction

Kandasamy v. District Collector

2024-10-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.20049 & 20051 of 2022 M.Vijayakumar .. Petitioner

Versus

1. District collector Salem District 2.Chairman Tamil Nadu Pollution Control Board No. 76, Mount Salai, Guindy Chennai 32 3.Joint Chief Environmental Engineer Tamil Nadu Pollution control Board No.9, 4th Cross Street Brindhavan Road, Fairlands, Salem 636 016 4.Commissioner/ Director Department of Geology and Mining Guindy, Chennai 32

5. Regional Joint Director Department of Geology and Mining Sandiyur, Attayampatti Salem district, Salem 636 203 6 Revenue Divisional officer Sankari, Salem District 1/4

7. The Tahsildar Sankari Taluk, Salem District

8. Village Administrative Officer Annathanapatti Village Sankari Taluk, Salem District

9. V.Boopathi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 8 to initiate appropriate action in accordance with law on the representation dated 31.03.2022 for stoppage of the illegal quarrying carried on in the agricultural lands in S.No.146 measuring 13.22 acres situated at Annathanapatti Village, Sankari Taluk, Salem District.

For Petitioner : Mr.R.Tholgappian For Respondents : Mr.Stalin Abhimanyu for R1 to R8 Additional Government Pleader Mr.R.Marudhachalamurthy for R9

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the respondents 1 to 8 to initiate appropriate action in accordance with law on the representation dated 31.03.2022 for stoppage of the illegal quarrying carried on in the agricultural lands in S.No.146 measuring 13.22 acres situated at Annathanapatti Village, Sankari Taluk, Salem District.

2. The petitioner submitted a representation on 31.03.2022 with a request to initiate appropriate action in accordance with law on the 2/4

representation dated 31.03.2022 for stoppage of the illegal quarrying carried on in the agricultural lands in S.No.146 measuring 13.22 acres situated at Annathanapatti Village, Sankari Taluk, Salem District, which is pending without consideration. Hence, this writ petition.

3. Heard both sides and perused the materials available on record.

4. Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case directs the first respondent to consider the representation of the petitioner dated 31.03.2022 and pass appropriate orders on the petitioner's representation on merits and in accordance with law after providing opportunity to the petitioner as well as the private respondent within a period of four weeks from the date of receipt of copy of this order, if not already passed.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 15.10.2024 dhk Index:Yes/No 3/4

M.DHANDAPANI, J.

dhk To

1. District collector Salem District 2.Chairman Tamil Nadu Pollution Control Board No. 76, Mount Salai, Guindy Chennai 32 3.Joint Chief Environmental Engineer Tamil Nadu Pollution control Board No.9, 4th Cross Street Brindhavan Road, Fairlands, Salem 636 016 4.Commissioner/ Director Department of Geology and Mining Guindy, Chennai 32

5. Regional Joint Director Department of Geology and Mining Sandiyur, Attayampatti Salem district, Salem 636 203 6 Revenue Divisional officer Sankari, Salem District

7. The Tahsildar Sankari Taluk, Salem District W.P.No.21028 of 2022 15.10.2024 4/4