Madras High CourtWP(MD)/2594/2021disposed of

Muniappan.C v. The District Collector

2021-03-26Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2594 of 2021 and W.M.P.(MD)No.2131 of 2021 M.Muniappan ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Tahsildar, Manamadurai Taluk, Sivagangai District.

4. The Assistant Director, Geology and Mines, Sivagangai.

5. The Inspector of Police, SIPCOT police station, Manamadurai, Sivagangai District.

6. P.Annadurai

7. K.Ponnuchamy

8. K.Bose

9. S.Parivel ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to issue direction to the other respondents 2 to 5, to initiate action against respondents 6 to 9 for carrying out the illegal and unlawful quarrying and excavation operation in the property of the petitioner and to ensure that respondents 6 to 9 1/5

have complied with the mandatory provisions set out in the Tamil Nadu Minor Mineral Concession Rules, 1959 for penalties and compensation.

For Petitioner : Mr.T.Raghavan For R-1 to R-5 : Mr.S.Angappan, Government Advocate.

For R-6 to R-9 : Ms.P.Krishnaveni * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner is a retired Government servant. He is said to be owning the petition mentioned land. The petitioner's grievance is that the private respondents herein are indulging in illegal and unlawful quarrying of the said land. In this regard, the petitioner has given a complaint to the authorities. Since no action has been taken, the present writ petition has been filed.

3. The learned counsel appearing for the private respondents states that the allegations are false. She would also state that the petitioner is vexing them with repeated complaints.

4. I am not in a position to go into the factual aspects.

5. The learned Government Advocate would state that the first respondent has not received any formal complaint as on date. Be that as it may, the petitioner is permitted to submit a fresh complaint to the first respondent setting out all the particulars. On receipt thereof, the first respondent shall take action as per law expeditiously and without any delay.

6. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 2/5

correct copy, shall be the responsibility of the advocate/litigant concerned.

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