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Madras High CourtWP/28528/2018closed

R.Rajigan v. The District Collector

2023-02-22Honourable Mr Justice C.V. Karthikeyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN and W.P.Nos.28526 & 28528 of 2018 and W.M.P.No.33283 of 2018 in W.P.No.28528 of 2018 In Cont.P.No.1183 of 2021 R.Rajigan ... Petitioner vs.

1.Krishnan Kumar, S/o.Krishnan, Manager-executive, Admin and IR, ITD Cementation India Limited, Alexander Square C-wing IV Floor, No.2, Sardar Patel Road, Guindy, Chennai - 600 032.

2.Krishnan Kumar, S/o.Krishnan, Constituted attorney of the Deputy Director, 1/8

ITD Cementation India Limited, (Formerly Skanska Cementation India Limited), Anar Chambers, No.5, Chowringhee, Approacgh, Kolkotta - 700 020. ... Respondents (Amended the cause title as per the order of this Court dated 01.03.2022 made in Sub.Appln.

No.53 of 2022 in Cont.P.No.1183 of 2021) Prayer: Contempt petition filed under Section 11 of the Contempt of Court Act, 1971 to punish the respondents for the non-compliance and disobedience of the orders of this Court dated 11.02.2020 in W.P.No.28528 of 2018. For Petitioner : Mr.C.M.Mohanasundaram For Respondents : M/s.U.Saraswathi In W.P.Nos.28526 & 28528 of 2018 R.Rajigan ... Petitioner in both W.Ps.

vs.

1.The District Collector, Vellore District, Vellore.

2.The Assistant Director (Mines), Collectrate Building, Sathuachari, 2/8

3.The Tahsildar, Gudiyattam Taluk, 4.The Tahsildar, Pernamput Taluk, 5.The Taluk Surveyor, Pernamput Taluk, 6.The Village Administrative Officer, Ulli Village, Pernampet Taluk, 7.The ITD Cementation India Limited, (Formerly Skanska Cementation India Limited), Represented by its Project Director, Anar Chambers, No.5, Chowringhee Approach, Kolkotta - 700 020.

3/8

8.The ITD Cementation India Limited, (Formerly Skanska Cementation India Limited), Anar Chambers, Represented by its Deputy Director, No.5, Chowringhee Approach, Kolkotta - 700 020.

9.The I.T.D. Cementation Pvt. (Ltd.), Represented by its Public Relation Officer, No.17, Phase-I, 1 st Street, TNHB, Sathuvachari, Vellore District - 632 009.

10.The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District. ... Respondents in both W.Ps. Prayer in W.P.No.28526 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to the petitioner for the damages caused to the property of the petitioner in patta land in Survey Number.558/3 at Ulli Village, Pernampet Taluk, Vellore District.

Prayer in W.P.No.28528 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to take action against the 7 th to 9 th respondents for illegally quarrying in the allotted areas and also in the patta land of the petitioner in 4/8

Survey No.558/3 at Ulli Village, Pernampet Taluk, Vellore District, as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the rules framed thereunder and as per the Tamil Nadu Minor Mines and Minerals (Concession) Rules, 1959 and consequently close the dangerous deep pits in the land.

For Petitioner : Mr.C.M.Mohanasundaram For RR 1 to 6 : Mr.T.Seenivasan Special Government Pleader For RR 7 & 8 : M/s.U.Saraswathi COMMON ORDER Let me not enter into a detailed discussions on the facts of the case, since the petitioner and the respondents have wisely taken a decision to enter into a compromise.

2. Learned counsel for the petitioner affirms the same and this fact is also affirmed by the learned counsel appearing for the respondents. 5/8

3. Let the parties workout their solutions by themselves. No further orders are required both in contempt as well as in the writ petitions. Accordingly, the writ petitions are disposed and the contempt petition also stand closed.

22.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The District Collector, Vellore District, Vellore.

2.The Assistant Director (Mines), Collectrate Building, Sathuachari, 3.The Tahsildar, Gudiyattam Taluk, 6/8

4.The Tahsildar, Pernamput Taluk, 5.The Taluk Surveyor, Pernamput Taluk, 6.The Village Administrative Officer, Ulli Village, Pernampet Taluk, 7.The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, 7/8

C.V. KARTHIKEYAN , J.

rsi and W.P.Nos.28526 & 28528 of 2018 and W.M.P.No.33283 of 2018 in W.P.No.28528 of 2018 22.02.2023 8/8