Madras High CourtWP/29289/2024disposed of with direction

K.Senthil Kumar v. The Commissioner

2024-10-04Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29289 of 2024 and WMP. No. 31938 of 2024 K.Senthil Kumar ... Petitioner Vs.

1. The Commissioner Geology and Mining Department, Guindy, Chennai-32.

2. The Deputy Director, Geology and Mines Department, Chengalpattu District.

3. The District Collector, Chengalpattu District.

4. The Revenue divisional officer, Mathurantagam, Chengalpattu District.

5. The Tahsidar, Mathurantagam, Chengalpattu District.

6. The Inspector of Police, G-3, Police Station, Melmaruvathur, Chengalpattu District.

7. M.G.Surendranath

8. P.Lingaraj ....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 & 5 to ensure the safety measure during the process of mining by the respondents and also to direct the 4th respondent to recover Rs.50,00,000/- from the respondents 7 and 8 by caused damages to the petitioner's residential building due to illegal mining blast in and around to the petitioner's building, breaching the safety measures based on the representation dated 22.07.2024 and also the order of the 3rd respondent to the 5th respondent, within the time frame that may be fixed by this Court. For Petitioner : Mr.S.Arokia Mani Raj For Respondents : Mr.E.Vijay Anand, AGP RR1 to 5 Mr.L.Baskaran, GA (Crl. Side) R6

ORDER

The writ petitioner seeks a direction to the respondents 3 & 5 to ensure the safety measure during the process of mining by the respondents and also to direct the 4th respondent to recover Rs.50,00,000/- from the respondents 7 and 8 by caused damages to the petitioner's residential building due to illegal mining blast in and around to the petitioner's building, breaching the safety measures based on the representation dated 22.07.2024 and also the order of the 3rd respondent to the 5th respondent, within the time frame that may be fixed by this Court.

2. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass appropriate orders on the petitioner's

representation within the stipulated time as fixed by this Court.

3. The learned Additional Government Pleader appearing for the respondents submitted that the representation will be considered and an appropriate orders will be passed within the time frame as fixed by this Court.

4. Heard the learned counsel for the petitioner as well as the learned Government Counsel and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents 3 and 5 to consider the petitioner's representation dated 22.07.2024 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04.10.2024 rli To: