K.P. Murugesan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.K.P.Murugesan 2.R.Easwaramoorthy 3.M.Somasundaram .. Petitioners vs 1.The District Collector, Office of the District Collector, Namakkal District.
2.The Revenue Divisional Officer, Tiruchengode, Namakkal District.
3.The Tahsildar, Kumarapalayam Taluk, Namakkal District.
4.The Assistant Director of Geology and Mines, Namakkal, Namakkal District.
5.Ammaniammal .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1 to 3 respondents to conduct enquiry on the illegal mining of soil in the lake situated at S.No.104, Kaliyanur Agraharam Village, Namakkal District and proceed in accordance with rule 36A of the Tamil Nadu Minor and Mineral Concession Rules, 1959.
For the Petitioners : Mr.C.Pushparaj for Mr.E.P.Senniyangiri For the Respondents : Mr.K.Karthik Jagannath Government Advocate for respondents 1 to 4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.C.Pushparaj, learned counsel for Mr.E.P.Senniyangiri, learned counsel for the petitioners; and, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 to 4.
2. The present writ petition is filed seeking directions against respondents 1 to 3 to conduct an enquiry on the illegal mining of
soil in the lake situated at Survey No.104 of Kaliyanur Agraharam Village, Namakkal District.
3. A status report is filed by respondent No.2.
4. It is submitted by learned Government Advocate that since July 2019, desilting has been stopped and no fresh permission has been granted till date for desilting the soil in the subject-lake. The same shall meet the apprehension of the petitioners.
5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.22234 of 2019 is closed. W.M.P.No.22232 of 2019 filed to permit the petitioners to file a single writ petition is allowed and disposed of, inasmuch as the petitioners have paid separate sets of court fee. (S.V.G., CJ.) (D.B.C., J.) 05.01.2024 Index :
Yes/No Yes/No bbr
To 1.The District Collector, Office of the District Collector, Namakkal District.
2.The Revenue Divisional Officer, Tiruchengode, Namakkal District.
3.The Tahsildar, Kumarapalayam Taluk, Namakkal District.
4.The Assistant Director of Geology and Mines, Namakkal, Namakkal District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 05.01.2024