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Madras High CourtWP/25790/2016disposed of

D.Dhandapani, v. The District Collector,

2016-07-25Honourable Mr Justice T. S. Sivagnanam2 pages

In the High Court of Judicature at Madras Dated : 25.7.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.25790 of 2016 D.Dhandapani

...Petitioner

Vs 1.The District Collector, Erode, Erode District.

2.The Deputy Director, Geology & Mining Department, Erode-11.

3.The Revenue Divisional Officer, Erode, Erode District.

4.The Tahsildar, Kodumudi Taluk, Erode District.

5.P.Pandithurai

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to take action against the fifth respondent by conducting an enquiry under the Tamil Nadu Minor Minerals Concession Rules, 1959 and other provisions of law and proceed the same in accordance with law. For Petitioner :

No appearance For Respondents 1 to 4:

Mr.R.Lakshmi Narayanan, AGP

ORDER

None appears for the petitioner. Mr.R.Lakshmi Narayanan, learned Additional Government Pleader accepts notice for respondents 1 to 4. In (2) view of the limited nature of the relief being granted in this writ petition, the writ petition itself is taken up for final disposal without ordering notice to the fifth respondent.

2. The petitioner seeks a direction to the officials to take action against the fifth respondent on the ground that the fifth respondent has been running a brick kiln without obtaining permission under the provisions of the Minor Mineral Concession Rules, 1959.

3. The petitioner would rely upon an information got by him under the Right to Information Act on 13.7.2016 wherein it has been stated by the second respondent that in respect of the land comprised in https://hcservices.ecourts.gov.in/hcservices/

S.F.No.358/3, Vengambur Village, Kodumudi Taluk and in patta No.888, no permission for running the brick kiln has been granted. The representation dated 27.6.2016 and 1.7.2016 sent by the petitioner are now pending before Authorities.

4. In the light of the above, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 1.7.2016 after notice to the petitioner as well as the fifth respondent and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The District Collector, Erode, Erode District. 2.The Deputy Director, Geology & Mining Department, Erode-11. 3.The Revenue Divisional Officer, Erode, Erode District. 4.The Tahsildar, Kodumudi Taluk, Erode District. +2 cc to Mr.P.kannankumar, advocate,sr.42530 & 42532 +1 cc to Govt.Pleader,sr.42138.

vgi(co) krd 8/8 WP.No.25790 of 2016 https://hcservices.ecourts.gov.in/hcservices/