Madras High CourtWP(MD)/4863/2020dismissed

Palanisamy v. The Government Of Tamil Nadu

2020-03-09Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palanisamy : Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Chief Secretary, Secretariat, Chennai.

2. The Chief Engineer, The Public Works Department, (Water Resources), River Safety Division, Chepauk, Chennai-5.

3. The District Collector, District Collector's Office, Trichy District.

4. The Chief Engineer, Trichy.

5. The Assistant Director, Mines & Minerals Department, Trichy.

6. The Executive Engineer, Mines & Monitoring Division, Trichy.

7. The Tahsildar, Trichy, Trichy District.

: Respondents 1/3

PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to strictly adhere to the conditions stipulated by SEIAA in its Environmental Clearance letter No.SEIAA/TN/F.No.6638/Ec/1(a)/ 3989/2018, dated 10.08.2018 for the sand quarrying operation in Cauvery river at Manjakorai Village at Trichy District also by considering the petitioner's representation dated 12.02.2020. For Petitioner : Mr.V.Vishnu For Respondents : Mr.K.Chellapandian, Additional Advocate General, Assisted by Mr.R.Sethuraman, Special Government Pleader *******

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] In the opinion of this Court, the prayer is preposterous inasmuch as there cannot be a presumption in law that the authorities will not bear in mind the legal provisions while acting in discharge of their official duties. Only when there is breach of duty, can it be complained of and not otherwise. Hence, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.