P.Selvasudnaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE S. SOUNTHAR P.Selvasundaram ... Petitioner Vs
1. The District Collector, Tiruppur District.
2. The Assistant Director, Geology And Mining Department, Tiruppur District.
3. The Superintendent Of Police, Tiruppur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to protect the petitioner's right to carry on the quarrying activity in the land property situated in S.F.No.46 and measuring an extent of 4.97.0 Hectares of patta lands at Kuttapalayam Village, Kangayam Taluk, Tiruppur district by considering the petitioner's representation dated 19.10.2024 as per the lease granted to the petitioner vide proceedings dated 21.06.2024 issued by the second respondent. For Petitioner : Mr.V.Anandhamurthy
For R1 and R2 : Mr.Stalin Abimanyu Additional Government Pleader For R3 : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner herein seeks direction to protect the petitioner's right to carry on quarrying activity in the land situated in S.F.No.46 admeasuring 4.97.0 hectares at Kuttapalayam Village, Kangayam Taluk, Tiruppur District by considering the representation dated 19.10.2024.
2. It is the case of the petitioner that he was granted quarrying license to quarry in the above mentioned place for the period from 21.06.2024 to 22.06.2029. It is the specific case of the petitioner that he is facing unwarranted protests from some persons living in the locality and consequently his quarrying activities got impaired. Therefore, the petitioner submitted a representation before the first respondent on 19.10.2024 seeking necessary protection from the illegal activities of the locals. The said representation has not been considered by the first respondent. Aggrieved by the same, the petitioner has come before this Court.
3. Mr.Stalin Abimanyu, learned Additional Government Pleader, takes notice for the first and second respondents and Mr.L.Baskaran, learned Government Advocate (Crl.Side) takes notice for the third respondent.
4. The learned Additional Government Pleader, appearing for the first and second respondents submitted that the representation submitted by the petitioner will be considered in accordance with law. The learned Government Advocate (Crl.Side) appearing for the third respondent submitted that the representation of the petitioner has not been submitted to the third respondent.
5. In view of the above, this Court, without going to the merits of the claim made by the petitioner is inclined to direct the first respondent to consider the representation of the petitioner dated 19.10.2024, conduct enquiry and pass final orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the the above directions, this writ petition is disposed of. There shall be no order as to costs.
22.11.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To
1. The District Collector, Tiruppur District.
2. The Assistant Director, Geology And Mining Department, Tiruppur District.
3. The Superintendent Of Police, Tiruppur District.
S. SOUNTHAR. J,
mn 22.11.2024