Kannamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kannamani ... Appellant / Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

5.The Assistant Director (Mines), Sivagangai District.

6.Amsavalli 1/5

7.Ramamoorthy @ Sangili Pandian 8.Sanguvel ... Respondents/ Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 03.10.2024 passed in W.P(MD)No.23493 of 2024 and allow the Writ Petition.

For Appellant : Mr.S.Mahesh Babu For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 to R.3 & R.5 Mr.T.Senthil Kumar Additional Public Prosecutor for R.4

JUDGMENT

(By G.R.SWAMINATHAN, J.) The appellant filed W.P(MD)No.23493 of 2024 for directing the authorities to take action against the private respondents 6 to 8. The appellant's husband and the private respondents are co-sharers of the petition mentioned land. The grievance of the appellant is that the private respondents are illegally mining the sand from the petition mentioned land and selling the same. The petitioner is said to be based in Madurai and while her husband is working in 2/5

Chennai. Styling herself as a lawyer, she filed the writ petition. The learned single Judge vide order dated 03.10.2024 disposed of the writ petition in the following terms:

"4. The learned Government Pleader, on instructions, would submit that the petitioner and the respondents 7 and 5 are co-sharers. The petitioner has also involved in removing the soil, without any permission. He would further submit that in this regard, action will be taken as per law.

5. Recording the above, if there is any violation of Mines and Minerals (Development and Regulation) Act, the official respondents are directed to take action as per law against both the petitioner and the respondents 7 and 8." Aggrieved by the fact that she has also been made a target of investigation, this Writ Appeal has been filed.

2.We know that the learned single Judge was careful enough to employ the expression "if". In other words, action is to be taken against the petitioner only if she is found to be guilty of any wrongdoing. We are sure that the authorities will definitely hear the petitioner before taking any action. 3/5

3.This Writ Appeal is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [K.R.S., J.] 25.07.2025 NCC : Yes / No Internet : Yes / No Index MGA To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

5.The Assistant Director (Mines), Sivagangai District.

4/5

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA 25.07.2025 5/5