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Madras High CourtWP/22348/2021disposed of

Loganathan v. The District Collector

2024-02-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Loganathan : Petitioner versus 1.The District Collector Kancheepuram District 2.The Revenue Divisional Officer Kancheepuram, Kancheepuram District.

3.The Thasildar Tambaram Taluk, Chengalpet District.

4.The Assistant Director of Geology & Mining Kanchipuram, Kanchipuram District.

5.Ekambaram 6.J.Jagan 7.D.Antony Xavier : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 04.09.2021 and to take action against the respondents 5 to 7 for carrying on illegal quarry i.e. manufacturing rough stone stone crusher unit and M.Sand units in the Government poramboke land comprised in survey No.144/1 to an extent of 50 acres situated in kamarajapuram Shankar Nagar Pammal Pallavaram Taluk Kancheepuram District and consequently direct the respondents 1 to 4 to reclaim the lands encroached by the respondents 5 to 7 and to impose penalty for quarrying illegal in Government Poramboke lands under Rule 36A of Tamil Nadu minor

Mineral concession Rules 1959.

For Petitioner :

Mr.M.Vinoth For Respondents 1 to 4 :

Mr.Edwin Prabhakar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Vinoth, learned counsel for the petitioner and Mr.A.Edwin Prabhakar, learned State Government Pleader, appearing for respondents 1 to 4.

2. The petitioner is not in a position to demonstrate the source of information on the basis of which he contends that respondents 5 to 7 are carrying on quarry operations without license. 3 .Be that as it may, learned State Government Pleader submits that the authorities would carry out inspection of the subject writ land, preferably within a period of two months, and depending upon the report of the inspection, further steps in accordance with law would be undertaken.

4. In view of the above, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index : Yes/No : Yes/No tar To 1.The District Collector Kancheepuram District 2.The Revenue Divisional Officer Kancheepuram, Kancheepuram District.

3.The Thasildar Tambaram Taluk, Chengalpet District.

4.The Assistant Director of Geology & Mining Kanchipuram, Kanchipuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 01.02.2024