Madras High CourtWP/28263/2018disposed of

V.Marimuthu v. The Secretary To Govt

2018-10-29Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29/10/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.28263 of 2018 V. Marimuthu ...

Petitioner Vs

1. The Secretary to Government Revenue Department Fort St. George Chennai 9.

2. The Director Mines and Minerals Geology Department Industrial Estate Guindy Chennai.

3. The Director Vigilance and Anti Corruption No.293 NKN Road Alandur Chennai 600 016.

4. The District Collector

5. The Assistant Director of Mines and Geology Collectorate

6. The Revenue Divisional Officer Virudhachalam

7. Sasikumar

8. Ramesh ...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct

the second respondent to consider the written representation of the petitioner, on 25/9/2018, within a stipulated time. For petitioner ...

Ms.R.Hemalatha for Mr.C.Prakasam For respondents ... Mr.T.N.Rajagopalan Government Pleader for R.R.1 to 6.

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O R D E R

(Order of the Court was made by S.Manikumar, J) Contending inter alia that respondent Nos.7 and 8 are illegally quarrying pebbles and red soil, without obtaining licence at R.C.Kokkampalayam, P.Killanur, Natchiarpettaimedu, Pachaiveli, Arinatham, Kalarkuppam, Palakkollai, Irulakurichi and Puliyur Villages, situated in Cuddalore and Villupuram District, and thus earning crores of rupees, the petitioner, seemed to have sent a representation, dated 25/9/2018, to the Secretary to the Government, Revenue Department, Government of Tamil Nadu, Chennai and others, including the District Collector, Cuddalore and the Director, Vigilance and AntiCorruption, Chennai. Further contending that the said representation has not been answered, instant writ petition is filed, for a mandamus, directing the Director, Mines and Minerals, Geology Department, Industrial Estate, second respondent, within a stipulated time.

2. On instructions, from the Directorate of Vigilance, Government of Tamil Nadu, Mr.T.N.Rajagopalan, learned Government Pleader submitted that the petition, dated Nil, received from Mr.V.Marimuthu, petitioner herein, was perused. Directorate of Vigilance, found that allegations are general in nature and do not disclose any specific information of cognizable offence under the Prevention of Corruption Act. However, by observing that the Collector, Cuddalore District, is the competent authority, to look into and act upon the said petition, dated Nil, has been forwarded to the District Collector, Cuddalore District, for taking necessary action. Learned Government Pleader further submitted that the Assistant Director of Mines and Geology, Cuddalore District, has also taking action, on the said representation.

3. Placing on record the above submissions, this Court is of the view that contention of the petitioner that the representation, dated 25/9/2018, has not been acted upon, is not correct. However, this Court is of the view that action if any, taken by the District Collector, Cuddalore District and the

Assistant Director of Mines and Geology, should come to a logical end. Accordingly, the District Collector, Cuddalore District and the Assistant Director of Mines and Geology, Cuddalore, respondent Nos.4 and 5 are directed to dispose of the representation, dated 25/9/2018, within a period of four weeks, from the date of receipt of a copy of this order.

4. With the above direction, writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To