Sand Lorry Owners Welfare v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sand Lorry Owners Welfare Association Represented by its Secretary, K.Kumar ... Petitioner (Cause title amended as per the order of this Court dated 19.04.2011 in M.P.1/2011) -vs1. The District Collector,

2. The Deputy Director, Geology and Mining Department,

3. The Executive Engineer, (Sand Quarry In-charge), Public Works Department, Thanjavur, Thanjavur District.

4. The Executive Engineer, (Sand Quarry In-charge), Public Works Department, Myladudurai, Nagapattinam District.

5. The Regional Transport Officer, Thennur, Patteeswaram Post, Kumbakonam Taluk, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to load quarried sand from the Government Quarry Point after ascertaining the capacity of the Motor Vehicle in which it is to be loaded by strictly adhering G.O.Ms.No.178 dated 31.05.2008 by passing appropriate order on the petitioner's representation dated 10.11.2008 within a time frame as fixed by this Court. For Petitioner : Mr.N.R.Balaji Srinivasan For Respondents : Mr.P.Thilakkumar, Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to load quarried sand from the Government Quarry Point after ascertaining the capacity of the Motor Vehicle in which it is to be loaded by strictly adhering G.O.Ms.No.178 dated 31.05.2008 by passing appropriate order on

the petitioner's representation dated 10.11.2008 within a time frame to be fixed by this Court.

2.

The learned Government Pleader appearing for the respondents have produced G.O(Ms)No.4, Water Resources Department, dated 06.01.2022, in supersession of the previous Government Order which is referred to in the writ petition for implementation.

3.

In view of the change of circumstances, the prayer in the Writ Petition has become infructuous. Therefore, the Writ Petition is dismissed. No costs.

[S.S.S.R, J.] [D.B.C., J.] 18.07.2023 Index : Yes / No bala To

1. The District Collector,

2. The Deputy Director, Geology and Mining Department,

3. The Executive Engineer, (Sand Quarry In-charge), Public Works Department, Thanjavur, Thanjavur District.

4. The Executive Engineer, (Sand Quarry In-charge), Public Works Department, Myladudurai, Nagapattinam District.

5. The Regional Transport Officer, Thennur, Patteeswaram Post, Kumbakonam Taluk,

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

bala 18.07.2023