The Government Of Tamil Nadu v. P. Kottaisamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Eighth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN The Hon`ble Mrs.Justice R.HEMALATHA WMP(MD) No.6603 of 2018 IN WP(MD) No.11142 of 2012 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT , INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI.
2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.
3 THE DISTRICT REVENUE OFFICER, DINDIGUL DISTRICT, DINDIGUL.
4 THE REVENUE DIVISIONAL OFFICER DINDIGUL DISTRICT, DINDIGUL.
5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, WATER RESOURCES ORGANIZATION, VAIGAI BASIN DIVISION, MADURAI.
6 THE ASSISTANT DIRECTOR OF GEOLOGY AND MINING, (MINES), DINDIGUL. ... PETITIONERS / RESPONDENTS 1 to 5 & 8 Vs 1 P. KOTTAISAMY ... 1st RESPONDENT / PETITIONER 2 THE DISTRICT ENVIRONMENTAL ENGINEER, TNPCB, PLOT NO.44, JEYARAJ BHAVAN, 9TH CROSS STREET, DINDIGUL.
3 THE EXECUTIVE ENGINEER TWAD BOARD (MAINTENANCE DIVISION), DINDIGUL. ... RESPONDENTS / RESPONDENTS 6 & 7 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased
to recall the order imposing the cost of Rs.10,000/- sustained vide order dated 28.02.2018.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.B.PUGALENDHI, Additional Advocate General, assisted by Mr.A.MUTHUKARUPPAN, Additional Government Pleader for the petitioner and of Mr.N.DILIPKUMAR on behalf of the Respondent 1 , the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) Mr.B.Pugalendhi, learned Additional Advocate General, assisted by Mr.A.Muthukaruppan, learned Additional Government Pleader, appearing for the petitioners, would submit that in the light of the affidavit filed on behalf of the Chief Secretary to Government of Tamil Nadu, dated 21.03.2018 coupled with the details in Paragraph No.
4 of the affidavit filed in support of this petition, the cost imposed by this Court vide order dated 28.02.2018, may be recalled and would further add that it may reflect upon the present officials and every endeavour is taken to regulate the stone quarrying and while doing so, environmental and other aspects are also being taken into consideration.
2. This Court has heard the submissions of the learned counsel appearing for the first respondent/writ petitioner also.
3. In the light of the submissions made, this Court would like to express that it has not expressed anything against the concerned officials with regard to the discharge of their official duties and taking note of the fact that nothing has been moved from the year 2012 till 2017, this Court has imposed the said cost.
4. It is made clear that payment of cost of Rs.10,000/- as ordered by this Court on 28.02.2018, shall be treated as voluntary contribution by the Government to 'District Mineral Foundation Trust, Dindigul District.
5. In the result, this Writ Miscellaneous Petition is disposed of accordingly.
sd/- 28/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT , GOVERNMENT OF TAMIL NADU INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI.
2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.
3 THE DISTRICT REVENUE OFFICER, DINDIGUL DISTRICT, DINDIGUL.
4 THE REVENUE DIVISIONAL OFFICER DINDIGUL DISTRICT, DINDIGUL.
5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, WATER RESOURCES ORGANIZATION, VAIGAI BASIN DIVISION, MADURAI.
6 THE ASSISTANT DIRECTOR OF GEOLOGY AND MINING, (MINES), DINDIGUL.
7 THE DISTRICT ENVIRONMENTAL ENGINEER, TNPCB, PLOT NO.44, JEYARAJ BHAVAN, 9TH CROSS STREET, DINDIGUL.
8 THE EXECUTIVE ENGINEER TWAD BOARD (MAINTENANCE DIVISION), DINDIGUL.
COPY TO:- THE DISTRICT MINERAL FOUNDATION TRUST, DINDIGUL DISTRICT.
+1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No. 5056 PM JAM/04/04/2018/ PN / SAR 4 /3p-11c
ORDER
IN WMP(MD) No.6603 of 2018 IN WP(MD) No.11142 of 2012 Date :28/03/2018