S.Elumalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.24348 of 2023 S.Elumalai
...Petitioner
-Vs1.The District Collector, Vellore, Thiruvannamalai District.
2.The Director of Geology and Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.
3.The Joint Director of Geology and Minies, Thiruvannamalai District.
4.The Deputy Director of Geology & Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.
5.Thirumaran
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 4 to take immediate action following my representation dated 28.6.2023 and 3.8.2023 against the 5th Respondent under the provisions of the Tamil Nadu Mines and Minerals Concession Rules 1959 and prevent the continuation of illegal quarrying operations in Survey No.27/8, 1/4
Neelapalampattu Village, Amirthy, Jamuna Marathur Taluk, Thiruvannamalai District, belonging to the 5th Respondent herein. For Petitioner : Mr.S.Sadasharam For R1 to R4 : Mr.G.Ameedias Government Advocate
ORDER
The petitioner complaints about certain illegal quarrying of sand in Sy.No.27/8 and the petitioner claims that his property is in Sy.No.39/2, which lies adjacent to Sy.No.27/8. He is also said to have given a complaint to the respondents 1 to 4 for taking action against the fifth respondent, alleging the later is illegally mining in Sy.No.27/8. 2.Mr.G.Ameedias, learned Government Advocate takes notice for the respondents 1 to 4.
3.The learned Government Advocate submitted that the representation of the petitioner is devoid of material particulars and hence, action could not be taken.
2/4
4.The petitioner is now directed to give a fresh representation with all material particulars to the Authorities concerned, whereupon, the respondent Authority is required to hold an enquiry, after hearing all the parties who are likely to be affected by its decision and to dispose of the representation of the petitioner within a period of twelve (12) weeks from the date on which the representation is given. 5.The Writ Petition is disposed of accordingly. No costs. 18.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The District Collector, Vellore, Thiruvannamalai District.
2.The Director of Geology and Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.
3.The Joint Director of Geology and Minies, Thiruvannamalai District.
4.The Deputy Director of Geology & Mines, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.
N.SESHASAYEE, J., 3/4
Tsg Order made in 18.08.2023 4/4