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Madras High CourtWMP/38277/2025disposed of

Ashokan v. M.Karthik Raja

2025-09-12Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.M.P.No.38277 of 2025 in W.P.No.32243 of 2025 1.Ashokan 2.Mani Petitioners Vs.

1.M.Karthik Raja 2.The District Collector, Namakkal District.

3.The Assistant Director of Geology and Mines, Namakkal District Collectorate, Namakkal.

4.The Tahsildar, Tiruchengode Taluk, Namakkal District.

Respondents Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to recall the order dated 22.08.2025 passed by this Court in W.P.No.32243 of 2025 thereby give the petitioners herein an opportunity of hearing in the writ petition.

For Petitioners : Mr.T.L.Thirumalaisamy For R1 : Mr.Ma.P.Thangavel 1/5

O R D E R

This Writ Miscellaneous Petition has been filed by the petitioners/respondent Nos.4 and 5 to recall the order passed by this Court in W.P.No.32243 of 2025 dated 22.08.2025.

2. The order was passed in the writ petition based on the written instructions received from the Assistant Director of Geology and Mines, Namakkal District. In the written instructions, apart from providing all the other particulars, the Authority has stated that there are no records or proof of evidence for illegal removal of mineral from the area.

3. The learned counsel appearing for the petitioners/ respondent Nos.4 and 5 submitted that the report is false and the agitation was conducted by the entire village people. The learned counsel further submitted that in the strength of the order passed in the writ petition, the writ petitioner is now threatening the respondents 4 and 5 and others with police complaint.

4. In the considered view of this Court, if at all there is any illegal mining, it will be a separate cause of action enabling the petitioners and 2/5

others to move the concerned Authority/Court and seek for appropriate relief. The order was passed in the writ petition only based on the written instructions given by the Assistant Director of Geology and Mines, Namakkal District. If according to the petitioners/ respondent Nos.4 and 5, the report is false and the situation on the ground is something different and an illegal quarry has taken place beyond what was permitted, it is left open to the petitioners/ respondent Nos.4 and 5 to work out their remedy in the manner known to law. Except giving this liberty, no further orders can be passed in this petition.

5. Accordingly, this Writ Miscellaneous Petition is disposed of in the above terms. There shall be no order as to costs. 12-09-2025 (1⁄2) ssb Index:Yes/No Speaking Order/Non-Speaking Order NCC:Yes/No 3/5

To 1.The District Collector, Namakkal District.

2.The Assistant Director of Geology and Mines, Namakkal District Collectorate, Namakkal.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District.

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N.ANAND VENKATESH, J ssb W.M.P.No.38277 of 2025 in W.P.No.32243 of 2025 12.09.2025 (1⁄2) 5/5