G.Mallesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.27615 of 2016 G.Mallesh ... Petitioner

Versus

1.The District Collector, Krishnagiri District at Krishnagiri 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department Dharmapuri.

3.The District Forest Officer, Office of the District Forest Officer, Mathigiri, Hosur.

4.The Trans stones Company by its Manager Kasivelu, M-7, Old Temple land HUDCO Rayakottai Road, Hosur 635 109.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents 1 to 3, to pass orders on the representation dated 07.01.2016, followed by reminder on 27.03.2016 and in fine on 04.06.2016 seeking discontinuance of illegal stone quarrying operations of the 4th respondent resulting in huge loss to the Government Exchequer, on merits and as per law. For Petitioner ::: Mr.L.Chandrakumar For Respondents ::: Mr.M.K.Subramanian Government Pleader for R.1 Mr.M.Maharajan for R.2 HR & CE Mr.M.Santhanaraman AGP (F) for R.3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The allegation of the petitioner is that 4th respondent has been Mining beyond the licensed area and his last representation being 04.06.2016 has not been dealt with.

2. The respondents/authorities state that the third respondent/District Forest Officer in fact took action and imposed penalty on the 4th respondent, but the same is pending consideration before this Court in W.P.No.4867 of 2016.

3. In view of the aforesaid, no directions are required except that it should be ensured that now since the license has expired, no mining activity should take place.

4. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ksr To 1.The District Collector, Krishnagiri District. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dharmapuri.

3.The District Forest Officer, Office of the District Forest Officer, Mathigiri, Hosur.

+1 cc to Mr.L.Chandrakumar Advocate sr.45022 +2 ccs to Government Pleader sr.45199 and 45093 +1 cc to special government Pleader forest sr 45067 W.P.No.27615 of 2016 aa22/08/2016 https://hcservices.ecourts.gov.in/hcservices/