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Madras High CourtWP(MD)/5758/2021closed

Murugesan.G v. The District Collector/District Magistrate

2023-09-27Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.4535 of 2021 G.Murugesan ... Petitioner Vs.

1.The District Collector / District Magistrate, Collectorate, Pudukottai District.

2.The Deputy Director, Department of Geology and Mining, Collectorate, Pudukottai District.

3.R.Uma Maheswari ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to execute a registered license deed for quarrying and mining in the properties comprised in Survey No.156/2 admeasuring to an extent of 0.25.0 Ares, the property comprised in Survey No.156/3 admeasuring to an extent of 0.25.0 Ares, the property comprised in Survey No.156/4 admeasuring to an extent of 0.45.5 Ares, the property comprised in Survey No.156/6 admeasuring to an extent of 0.09.0 Ares, the property comprised in Survey No.157/3 part 1/5

admeasuring to an extent of 0.09.0 Ares, the property comprised in Survey No. 160/10 admeasuring to an extent of 0.37.0 Ares, the property comprised in Survey No.160/11 admeasuring to an extent of 0.14.0 Ares, the property comprised in Survey No.160/16 admeasuring to an extent of 0.27.5 Ares totaling to an extent of 2.31.0 Hectares situated at Thatchankurichi Village, Gandharvakottai Taluk, Pudukottai District all without the presence of the third respondent and her four daughters.

For Petitioner : No Appearance For R-1 and R-2 : Mr.M.Ramesh, Government Advocate.

For R-3 : Mr.G.Thalaimutharasu

ORDER

This Writ Petition is filed for Mandamus, directing the second respondent to execute a registered license deed for quarrying and mining in the properties comprised in Survey No.156/2 admeasuring to an extent of 0.25.0 Ares, the property comprised in Survey No.156/3 admeasuring to an extent of 0.25.0 Ares, the property comprised in Survey No.156/4 admeasuring to an extent of 0.45.5 Ares, the property comprised in Survey No.156/6 admeasuring to an extent of 0.09.0 Ares, the property comprised in Survey No.157/3 part admeasuring to an extent of 0.09.0 Ares, the property comprised in Survey No. 2/5

160/10 admeasuring to an extent of 0.37.0 Ares, the property comprised in Survey No.160/11 admeasuring to an extent of 0.14.0 Ares, the property comprised in Survey No.160/16 admeasuring to an extent of 0.27.5 Ares totaling to an extent of 2.31.0 Hectares situated at Thatchankurichi Village, Gandharvakottai Taluk, Pudukottai District, without the presence of the third respondent and her four daughters.

2. Pending Writ Petition, the petitioner has produced no objection letter dated 08.08.2022. Therefore, the entire lease agreement is cancelled, for which the learned Government Advocate submitted the cancellation deed dated 26.08.2021. Therefore, nothing survives for adjudication.

3. Hence, the Writ Petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 27.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The District Collector / District Magistrate, Collectorate, Pudukottai District.

2.The Deputy Director, Department of Geology and Mining, Collectorate, Pudukottai District.

4/5

S.SRIMATHY, J.

Nsr 27.09.2023 5/5