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Madras High CourtWP(MD)/2/2023disposed of

Malarvizhi v. The District Collector

2023-01-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Malarvizhi ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukottai.

2.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.

3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

4.The Tahsildar, Manamelkudi Taluk, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to permit the petitioner to remove the excess sand deposited in her agricultural lands comprised in Survey Nos.52/2A1A, 52/2A3, 52/2C, 52/3B1, 52/4B measuring to the total extent of 6.97 Acres situated at Periyamadaipachal 1/4

Village, Manamelkudi Taluk, Pudukottai District, by considering her representation dated 28.11.2022.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

The petitioner seeks permission to remove the excess sand deposited in her agricultural land. The petitioner has given a representation before the authorities.

2. The learned Additional Government Pleader states that along with the representation, the petitioner has submitted formal application as contemplated under Rule 44(2) of the Tamil Nadu Mines and Mineral Concession Rules, 1959.

3. Upon the petitioner submitting an application, it shall be disposed of on merits and in accordance with law. The first respondent shall pass appropriate order in this regard within a period of eight weeks after receipt of such application of the petitioner. I make it clear that I have not gone into the merits of the matter. It is for the first respondent to take a call.

4. The Writ Petition is disposed of accordingly. No costs. 30.01.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, Pudukkottai District, Pudukottai.

2.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.

3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

4.The Tahsildar, Manamelkudi Taluk, Pudukottai District.

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G.R.SWAMINATHAN, J.

rmi 30.01.2023 4/4