Madras High CourtWP(MD)/4853/2021closed

Kalaiyarasan v. State Of Tamil Nadu

2021-03-10Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)Nos.3946 & 3948 of 2021 Kalaiyarasan : Petitioner Vs.

1.State of Tamil Nadu, Rep. by The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Deputy Director of Mines and Minerals, District Collector Complex, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, Sattur Division, Sattur, Virudhunagar District.

5.The Tahsildar, Sattur Taluk, Virudhunagar District.

6.The Revenue Inspector, Nenmeni Village, Sattur Taluk, Virudhunagar District.

7.Navaneetha Krishnan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned proceedings in O.Mu.A2/1726/2020 dated 12.06.2020 and Na.Ka.No.A3/235/2020 dated 04.06.2020 passed by the respondents 4 & 5, respectively and to quash the same and consequently, to direct the 3rd respondent to 1/3

conduct enquiry and take action under the Tamil Nadu Minor Mineral Concession Rules, 1959 on the basis of the petitioner's complaint dated 30.05.2020.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader for R.1 to R.6 *****

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition challenging the proceedings dated 04.06.2020, which is a communication sent by the Revenue Thasildar, Sattur to the Revenue Divisional Officer, Sattur, indicating that the allegation made by the petitioner as against the private respondent is not correct, since the quarrying has taken place in the area, for which, permission has been given and after getting despatch slip. The same has also been reiterated by the order dated 12.06.2020 of the Revenue Divisional Officer, Sattur, sent to the petitioner.

2. Though the learned Counsel appearing for the petitioner submitted that the aforesaid enquiry is not factually correct, we do not propose to entertain the writ petition in the absence of any contra materials to substantiate the same. The quarried sand has also been transported thereafter. It is not as if the private respondent has been indulging in illegal activity and that too, continuously.

3. In the result, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions stand closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gk 2/3

To 1.The District Collector, Virudhunagar District, Virudhunagar.