Senthilkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.173 of 2025 Senthilkumar : Petitioner Vs.
1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Geology and Mining, Fort St. George, Chennai.
2.The District Collector, Pudukkottai District.
3.The Assistant Director of Geology and Mining, Pudukkottai, Pudukkottai District.
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4.The Chairman, State Level Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai.
5.The Revenue Divisional Officer, Pudukottai, Pudukottai District.
6.The Tahsildar, Kulathur, Pudukottai District.
7.Mani 8.Rengaraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 2 to 6 to take action against the respondents 7 and 8 for illegally conducting rough stone quarry in Sy.No.492/2, Vellanur Village, Kulathur Taluk and Pudukottai District by considering the petitioner's representation dated 11.12.2023.
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For Petitioner : Mr.R.Balakrishnan For Respondents 1 to 3, 5&6 : Mr.P.Thilak Kumar Government Pleader For Respondent No.4 : Mr.N.Dilip Kumar Standing Counsel
O R D E R
************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the respondents 2 to 6 to take action against the respondents 7 and 8 for illegally conducting rough stone quarry in Sy.No.492/2, Vellanur Village, Kulathur Taluk and Pudukottai District, by considering the petitioner's representation dated 11.12.2023.
3.Since this Court is directing the respondents 2 to 6 to consider the petitioner's representations, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.
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4.The petitioner herein had given representation to the official respondents on 28.06.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 5.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time. 6.
In the light of the above observations, there shall be a direction to the respondents 2 to 6 to consider the petitioner's representation dated 28.06.
months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 07.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The Principal Secretary to Government, State of Tamil Nadu, Department of Geology and Mining, Fort St. George, Chennai.
2.The District Collector, Pudukkottai District.
3.The Assistant Director of Geology and Mining, Pudukkottai, Pudukkottai District.
4.The Chairman, State Level Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai.
5.The Revenue Divisional Officer, Pudukottai, Pudukottai District.
6.The Tahsildar, Kulathur, Pudukottai District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 07.01.2025 7/7