Selvaganapathi G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.3307 of 2023 G.Selvaganapathi ... Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, 3.The Tahsildar, Thirumayam Taluk, Thirumayam, 4.The Joint Director, Geology and Mining, 5.Suresh @ Samy Suresh ...Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondent No.5 for doing illegal quarry operation in Survey No.233, Chinna Siruma Kanmoi situated at Aathanoor Village, Thirumayam Taluk, Pudukottai District and consequently, direct the respondents 1 to 4 to consider the representation of the petitioner dated 14.12.2022.

For Petitioner : Mr.S.Sankar For R1 to R4 : Mr.P.T.Thiraviyam Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 4 to take appropriate action against the fifth respondent for conducting illegal quarry in Survey No.233, Chinna Siruma Kanmoi situated at Aathanoor Village, Thirumayam Taluk, Pudukottai District, by considering the representation of the petitioner, dated 14.12.2022.

2. The learned counsel appearing for the petitioner submits that the fifth respondent is conducting illegal quarry in Survey No.233, Chinna Siruma Kanmoi situated at Aathanoor Village, Thirumayam Taluk, 2/6

Pudukottai District and therefore, the petitioner has submitted a representation to the respondents 1 to 4 on 14.12.2022 to take appropriate action against the fifth respondent. However, the same has not been considered so far.

3. When the matter was listed for hearing on 20.02.2023, Mr.A.Baskaran, the learned Additional Government Pleader has taken notice for the respondents 1 to 4 and requested time for getting instructions and thereafter, the matter was adjourned periodically. Even today, Mr.P.T.Thiraviyam, the learned Government Advocate appearing for the respondents 1 to 4 requests time to file their response to the averments made in this writ petition.

4. The petitioner has produced certain photographs showing the nature of the quarry conducted by the fifth respondent. Since the official respondents have not acted upon the representation of the petitioner dated 14.12.2022 for the past one year, this Court directs, the first respondent, namely, the District Collector, Pudukottai District, to conduct survey by using Drone in Survey No.233, Chinna Siruma Kanmoi 3/6

situated at Aathanoor Village, Thirumayam Taluk, Pudukottai District, within a period of six weeks from the date of receipt of a copy of this order. In the event, if any illegal quarry has been conducted, necessary action has to be taken against the concerned persons.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

29.09.2023 Index: Yes/No Internet: Yes/No ssb To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, 4/6

3.The Tahsildar, Thirumayam Taluk, Thirumayam, 4.The Joint Director, Geology and Mining, 5/6

B.PUGALENDHI, J.

ssb 29.09.2023 6/6