Madras High CourtWP(MD)/13923/2010closed

C.Chellatha, v. The District Collector,

2019-07-25Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.13923 of 2010 and M.P.(MD)No.2 of 2010 C.Chellatha ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.Nila Pookkal Magalir Sangam, Rep. By its President Mrs.S.Indrani, Thenner Thotti Street, Thomas Colony, Uthamapalayam, Theni District.

3.Murasoli Maran Magalir Sangam, Rep. By its President Mrs.Theresammal, Thiru Vi.Ka.Street, Kombai, Theni District.

... Respondents [R2 and R3 are impleaded vide order dated 25.06.2019 in M.P(MD)Nos.1 and 2 of 2011, respectively in W.P.(MD)No.13923 of 2010] PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorari, to call for the records pertaining to the impugned notification of the respondent in Na.Ka.No.1458/2009/Mines, dated 09.03.2010 published in the Government Gazette dated 11.03.2010 insofar as Sl.Nos.3 and 4 of the impugned order with regard to calling for application for quarrying license in Survey No.1980/2, Uthamapalayam Village and Survey No.1150/2, Kombai Village, Uthamapalayam Taluk, Theni District and the order of the respondent passed in Na.Ka.No.520 / Mines / 10, dated 27.10.210 and quash the same. For Petitioner : Mr.C.Jegannathan

ORDER

This writ petition appears to be infructuous as of now. https://hcservices.ecourts.gov.in/hcservices/

2. Mr.Thiyagarajan, learned Government Advocate produces a communication, dated 12.01.2015 in relation to the same property as

in issue before me in SF.No.1150/2 confirming that on account of filing of the present writ petition and the interim Stay granted on 24.11.2010 the execution of the lease deed was stopped.

3. The petitioner has impleaded as respondents the Nila Pookkal Magalir Sangam (NPMS) and the Murasoli Maran Magalir Sangam (MMMS).

4. The Nila Pookkal Magalir Sangam (NPMS) filed a representation dated 11.08.2014 requesting refund of lease amount and security deposit that was not acceded to immediately. It thus filed W.P.(MD)No.17002 of 2014 dated 17.10.2014 seeking a direction to the District Collector, Theni to consider its request and pass appropriate orders. Pursuant thereto, the lease amount, security deposit and connected documents were ordered to be refunded / returned to it. An identical situation arose in the case of the Murasoli Maran Magalir Sangam as well.

4. Recording the aforesaid as well as the memo filed by the learned counsel who appears for Sangams dated 25.06.2019 reporting 'no instructions' from the two Sangams, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To The District Collector, Theni District, Theni.

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-77789[F] dated 26/07/2019 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-77838[F] dated 26/07/2019 ) +1 CC to M/s.SPL GP ( SR-77978[F] dated 26/07/2019 ) W.P(MD)No.13923 of 2010 25.07.2019 KK/SAR/13.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/