Sattaiappan, v. Govt. Of Tamilnadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.7.2016 CORAM :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.25024 of 2016 & WMP.No.21444 of 2016 Sattaiappan
...Petitioner
Vs 1.The Government of Tamil Nadu, rep.by its Secretary, Ministry of Industries, Steel Control, Mines & Minerals & Special Initiatives, Department of Geology & Mines, Fort.St.George, Chennai.
2.The Director, Directorate of Geology & Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.
3.The District Collector, Tiruvarur.
4.Rajagopal 5.Chitra
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing respondents 1 to 3 from permitting respondents 4 and 5 from quarrying Savudu Mann (Filling earth) in S.Nos.51/13B, 51/15, 51/16, 52/2, 52/3, 52/5A, 52/6, 52/7, 52/13, 52/14 and 52/16 situated in No.5, Kaliyakudi Village, Nannilam Taluk, Tiruvarur District as the same fall within the distance of 100 meters from inhabited area of the Village.
For Petitioner : Mr.S.Sounthar For Respondents 1 to 3 : Mr.S.Diwakar, SGP
ORDER
Mr.S.Diwakar, learned Special Government Pleader takes notice for respondents 1 to 3. Heard both. In view of the limited nature of the prayer sought, the writ petition itself is taken up for final disposal without ordering notice to respondents 4 and 5.
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2. The grievance of the petitioner is that respondents 4 and 5 are carrying on quarrying operations by excavating savudu in S.Nos.51/13B, 51/15, 51/16, 52/2, 52/3, 52/5A, 52/6, 52/7, 52/13, 52/14 and 52/16 situated in No.5, Kaliyakudi Village, Nannilam Taluk, Tiruvarur District, in violation of Rule 36 of the Tamil Nadu Minor Mineral Concession Rules, 1959. Therefore, the petitioner sent a legal notice to the Authorities on 12.5.2016 and since the same has not yet been considered, the petitioner is before this Court seeking to forbear respondents 1 to 3 from permitting respondents 4 and 5 for quarrying savudu.
3. The petitioner ought to have filed a proper representation before the District Collector and only if there is a total inaction on the part of the District Collector, the petitioner could have resorted to send a legal notice.
4. In the light of the above, the writ petition is disposed of granting liberty to the petitioner to submit a detailed representation to the third respondent District Collector setting out his grievances and also enclosing documents to substantiate his contentions. If such a representation is made, the same shall be considered by the third respondent after notice to respondents 4 and 5 and appropriate orders shall be passed on merits and in accordance with law, within a period of eight weeks from the date on which, the representation is made. No costs. Consequently, the above WMP is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar RS To 1.The Secretary to Government of Tamil Nadu, Ministry of Industries, Steel Control, Mines & Minerals & Special Initiatives, Department of Geology & Mines, Fort.St.George, Chennai.
2.The Director, Directorate of Geology & Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.
3.The District Collector, Tiruvarur.
+1cc to Mr.S. Sounthar, Advocate, S.R.No.40952 +1cc to the Government Pleader, S.R.No.41513 SV(CO) EU(03/08/2016) WP.No.25024 of 2016& WMP.No.21444 of 2016 https://hcservices.ecourts.gov.in/hcservices/