V.Selvaraj, S/O.Vaiyapuri v. The Secretary To Government

In the High Court of Judicature at Madras Dated : 01.12.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.42209 of 2016 V.Selvaraj

...Petitioner

Vs 1.The Secretary to Government, Industries Department, Fort.St.George, Chennai-9.

2.The Commissioner of Mines & Geology, Guindy, Chennai-32.

3.The Engineer in Chief, Public Works Department, Water Resources Department, Chennai-5.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to furnish copy of the government order issued for granting the lease for quarrying sand in the Cauvery river at S.F.No.915 Part, Nanjai Thottakurichi Village, Manmangalam Taluk, Karur District to the petitioner within stipulated time as fixed by this Court.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.S.Diwakar, SGP

ORDER

Mr.S.Diwakar, learned Special Government Pleader accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner is aggrieved by a permission granted by the Government to quarry sand from Cauvery river. The petitioner proposes to challenge the said decision of the Government. However, he is handicapped because he does not know the correct number of the relevant Government Order and has made a request to the respondents under the provisions of the Right to Information Act for furnishing a copy of the relevant Government Order. The petitioner also furnished the survey field number namely S.F.No.915 Part, Nanjai Thottakurichi Village, Manmangalam Taluk, Karur District.

3. However, vide communication dated 7.11.2016, the first respondent directed the petitioner to furnish the number of the relevant Government Order so as to provide the copy. The petitioner's grievance itself is that he does not have the number of the relevant Government Order, but has only the survey field number of the area where quarrying permission has been granted. In the light of the above facts, the first respondent - Department can very well verify as to what is the number of the relevant Government Order, by which, permission was granted to quarry in the said survey field

number without insisting the petitioner to furnish the same.

4. Accordingly, the writ petition is disposed of with a direction to the appropriate officer of the first respondent - Department to verify their files and ascertain as to what is the number of the relevant Government Order and furnish a copy of the same to the petitioner, within a period of three weeks from the date of receipt of a copy of this order. No costs. 01.12.2016 Internet : Yes To 1.The Secretary to Government, Industries Department, Fort.St.George, Chennai-9.

2.The Commissioner of Mines & Geology, Guindy, Chennai-32. 3.The Engineer in Chief, Public Works Department, Water Resources Department, Chennai-5.

RS

T.S.SIVAGNANAM,J RS WP.No.42209 of 2016 01.12.2016