Maharajan.V.C v. State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Maharajan.V.C ... Petitioner Vs 1.State of Tamil Nadu Rep By, The Director, Department of Geology and Mining, Head Office, Alandur Road, Guindy, Industrial Estate, Chennai 600 032.

2.The District Collector, District Collectorate, Dindigul 624004.

3.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Dindigul 004.

4.The Tahsildar, Office of the Tahsildar, Vedasandur Tk., Dindigul District.

5.The Revenue Divisional Officer, Vedasandur Tk., Dindigul District.

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6. Jeyakumar

7. Ramasamy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to restrain the Respondent No.6 from digging and excavating the adjacent agricultural land of the petitioner in Survey No.223/2, Paadiyur Village, Vedasandhur Tk., Dindigul District and to take action against the Respondent No. 6 who is digging the land without obtaining the proper permission from the Respondent No.1 department by considering petitioner representation dated 02.02.2022 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For R1 to R5 : Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner with a grievance that the petitioner's adjacent land owner/the sixth respondent herein has conducted an illegal quarry in the land in No.223/2, Paadiyur Village, Vedasandhur Taluk, Dindigul District submitted a representation to the concerned authorities and filed this writ petition for a Mandamus restraining the sixth respondent from conducting any quarry in the land in S.No.223/2.

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2.In response to this writ petition, the learned Government Advocate submits that the petitioner has submitted a representation on 02.02.2022, based on which, the Assistant Director of Mines has conducted a spot inspection on 11.03.2022 and submitted a report before the Revenue Divisional Officer, Dindigul. Based on the report submitted by the Assistant Director of Mines, the Revenue Divisional Officer has conducted an enquiry as contemplated under Section 36 of the Tamil Nadu Minor Mineral Concession Rules, 1959 and imposed a fine of Rs.9,06,528 for the illegal quarry conducted by the sixth respondent. A copy of the proceedings in Na.Ka.No.2978/2022/A7, dated 27.09.2023 of the Revenue Divisional Officer, Palani is also placed before this Court. 3.Recording the submission made by the learned Government Advocate, this writ petition is closed. No costs. 29.09.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The Director, Department of Geology and Mining, Head Office, Alandur Road, Guindy, Industrial Estate, Chennai 600 032.

2.The District Collector, District Collectorate, Dindigul 624004.

3.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Dindigul 004.

4.The Tahsildar, Office of the Tahsildar, Vedasandur Tk., Dindigul District.

5.The Revenue Divisional Officer, Vedasandur Tk., Dindigul District.

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B.PUGALENDHI, J.

vrn Order made in 29.09.2023 5/5