M.Sivakumar v. The District Collector

2024:MHC:2464

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos. 30429 & 30430 of 2023 1.M.Sivakumar 2.G.Ramkumar 3.B.Jeevanandham 4.S.Karunakaran 5.R.Chandran .. Petitioners vs 1.The District Collector, Tiruvannamalai District, Tiruvannamalai Collectorate Vengikkal, Tiruvannamalai - 606 604.

2.The Director, The Geology and Mines Department, Guindy Industrial Estate, Guindy, Chennai - 600 032.

3.The Deputy Director, The Geology and Mines Department, Tiruvannamalai District.

4.The District Revenue Officer, Thiruvannamalai.

5.The Revenue Divisional Officer, Arni, Thiruvannamalai District.

6.D.Saravanan .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 1 to 5 to forbear the 6th respondent from operating the quarry at Survey No.466, Mullandirum 1/4

Village, Arni Taluk, Thiruvannamalai District and to ensure the protection of the local village people from the operations of quarry. For Petitioner :

Mr.V.Suresh for Mr.Dev Eshwaar For Respondents :

Mr.Stalin Abhimanyu Additional Government Pleader for R1 to R5 No appearance for R6

ORDER

W.M.P.No.30429 of 2023 is ordered on payment of separate court fee, if not already paid.

2.

The petitioner seeks a mandamus directing the official respondents i.e., R1 to R5 to forbear R6 from quarrying in Survey No.466, Mullandirum Village, Arni Taluk, Thiruvannamalai District. 3.

According to the petitioner, the quarry operations are being carried on by the private respondent contrary to all applicable rules and regulations. To be noted, the private respondent is served and description printed in the cause-list, despite which there is no appearance. 4.

Counter and rejoinders are filed. Taking the pleadings, in totality, it is seen that, there are various factual aspects of the matter that would have to be adverted to and this is matter best left to the authorities to take a view upon, after hearing the petitioner and all parties concerned.

5.

Hence, mandamus is issued to the District Collector, Tiruvannamalai / R1 to consider the petitioner's common representation 2/4

dated 30.08.2023 and dispose the same after hearing the petitioners and the private respondent, as well as any others, who may be relevant to the matter and dispose the same, in accordance with law and all applicable rules and regulations, within a period of four weeks from date of receipt of a copy of this order.

6.

Writ petition stands disposed in terms of this order. No costs. Connected W.M.P.No.30430 of 2023 is closed.

27.06.2024 Index:Yes/No ssm To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai Collectorate Vengikkal, Tiruvannamalai - 606 604.

2.The Director, The Geology and Mines Department, Guindy Industrial Estate, Guindy, Chennai - 600 032.

3.The Deputy Director, The Geology and Mines Department, Tiruvannamalai District.

4.The District Revenue Officer, Thiruvannamalai.

5.The Revenue Divisional Officer, Arni, Thiruvannamalai District.

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DR. ANITA SUMANTH,J.

ssm 27.06.2024 4/4