S.Bala v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P(MD)Nos.1221 & 1222 of 2020 S.Bala ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Director of Geology and Mining, Office of the Geology and Mining, Industrial Estate, Chennai.

3.The Assistant Director of Geology and Mining, Office of the District Collector, Ramanathapuram, Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

6.M.Selvakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate legal action against the illegal sand quarrying performed by the sixth respondent under Survey Nos.69/1A, 69/1B1, 69/1C2, 69/1D and 69/1E and adjacent survey numbers situated at Kuthakottai Village, Vallimadan Valasai Village, Ramanathapuram District.

For Petitioner : Mr.K.R.Laxman For RR 1 to 5 : Mr.P.Thilak Kumar Standing Counsel for Government For R - 6 : Mr.A.Haja Mohideen 1/3

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate legal action against the illegal sand quarrying performed by the sixth respondent in Survey Nos.69/1A, 69/1B1, 69/1C2, 69/1D and 69/1E and adjacent survey numbers situated at Kuthakottai Village, Vallimadan Valasai Village, Ramanathapuram District.

2.When the Writ Petition is taken up for hearing today, Mr.P.Thilak Kumar, learned Standing Counsel for the Government appearing for the respondents 1 to 5, submitted that the relief sought for in the Writ Petition has become infructuous for the reason that the period of lease granted in favour of the sixth respondent got expired in January, 2020 itself. The learned Standing Counsel for the Government further submitted that the lease was granted on 23.01.2019 for a period of one year and therefore, nothing survives for adjudication in the present Writ Petition. 3.Mr.A.Haja Mohideen, learned counsel appearing for the sixth respondent also submitted that the license had expired in the month of January, 2020.

4.In view of the submissions made by the learned counsels appearing for the respondents, the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Director of Geology and Mining, Office of the Geology and Mining, Industrial Estate, Chennai.

3.The Assistant Director of Geology and Mining, Office of the District Collector, Ramanathapuram, Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-25622[F] dated 09/08/2021 ) 06.08.2021 SSS(CO) KB(16.08.2021) 3P 7C 3/3