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Madras High CourtWP(MD)/7268/2018dismissed as infructuous

Balasubramanian, v. The District Collector

2018-08-21Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.7268 of 2018 and W.M.P.[MD].Nos.6962 to 6964 of 2018 Balasubramanian : Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Assistant Director (Mines), Collectorate Buildings, Madurai - 20.

3.The Executive Engineer, Public Works Department (WRO), Madurai Division, Madurai - 20.

4.The Tamil Nadu Pollution Control Board, Through its Regional Director, Industrial Estate, Kappalur, Madurai - 8.

5.S.Maragathamani : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.625/2017-Mines dated 12.03.2018 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently

forbearing the Respondents No.1 to 4 from taking sand (Gravel) either by way of direct quarrying or through distilling for any outside use, from the Village Tank of Nallur Village, Madurai South Tk, Madurai District permanently.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader for R.1 to R.4 Mr.M.Govindan for R.5 *****

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] When the matter came up for hearing today, the learned Special Government Pleader submitted that the period itself is over and therefore, nothing survives for further adjudication in the present petition.

2. In view of the said submission, this writ petition is dismissed as having become infructuous. However, the petitioner is at liberty to agitate the issue in the manner known to law, in future, if need arises. No costs. Consequently, connected miscellaneous petitions are closed.

Sd Assistant Registrar(C.O) True Copy Sub Assistant Registrar

gk To 1.The District Collector, Madurai District, Madurai.

2.The Assistant Director (Mines), Collectorate Buildings, Madurai - 20.

3.The Executive Engineer, Public Works Department (WRO), Madurai Division, Madurai - 20.

4.The Regional Director, Tamil Nadu Pollution Control Board, Industrial Estate, Kappalur, Madurai - 8.

5.+1cc to Spl Government Pleader SR No.79634 W.P.[MD].No.7268 of 2018 and W.M.P.[MD].Nos.6962 to 6964 of 2018 NM/SKN/SAR 3/12.09.18/3P/6C