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Madras High CourtWP(MD)/3141/2023disposed of

M.Prabhu v. The District Collector

2023-02-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.2917 of 2023 M.Prabhu ... Petitioner Vs.

1.The District Collector, Office of District Collectorate, Karur District.

2.The Revenue Divisional Officer, Sub Collector Office, N.Pradhaksanam Road, Madavilagam, Karur.

3.The Assistant Director, Geology and Mining Department, Karur.

4.The Tahsildar, Pugalur, Karur District.

5.K.P.Krishnasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 1/4

4 not to grant lease license to the 5th respondent for running quarry operation in S.F.No.753/B2 situated at Thennilai Village, Pugalur Taluk, Karur without conducting field inspection and objections by considering the petitioner's representation dated 23.01.2023.

For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.A.Sivanu Pandian, Govt. Advocate for R1 to R4.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with. 2.This writ petition has been filed for restraining the authorities from granting lease / license in favour of the fifth respondent for running the petition mentioned quarry. This Court cannot assume that the official will not have regard to the statutory provisions. This writ petition has been prematurely filed. However, the first respondent before passing final order in the matter at the instance of the fifth respondent shall have regard to the objections lodged by the writ petitioner.

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3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

16.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Office of District Collectorate, Karur District.

2.The Revenue Divisional Officer, Sub Collector Office, N.Pradhaksanam Road, Madavilagam, Karur.

3.The Assistant Director, Geology and Mining Department, Karur.

4.The Tahsildar, Pugalur, Karur District.

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G.R.SWAMINATHAN, J.

ias 16.02.2023 4/4