Madras High CourtWP(MD)/3023/2019disposed of

S.Masanam, v. The Commissioner,

2019-03-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3023 of 2019 S.Masanam ... Petitioner Vs.

1.The Commissioner, Department of Mining and Geology, Thiru.Vi.ka.Industrial Estate, Chennai - 600 032. 2.The District Collector, Office of the District Collector, Tirunelveli - 627 009. 3.The Assistant Director, Department of Mining and Geology, Office of the District Collector, Kokkikulam, Tirunelveli.

4.The Tahsildar, Radhapuram Taluk, Radhapuram.

5.Managing Director, S.A.V.Blue Metal Private Ltd, No.12-725, B-7, Kavalkinaru Road, Vadakkankulam Panchayat, Perungudi Village, Radhapuram Taluk, Tirunelveli District.

6.S.Somasundaram ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the respondents 1 to 4 to take appropriate proceedings as against the respondents 5 and 6 herein, in respect of their mining operations in the lands bearing Survey Nos.425, 438, 439/2A and 439/2D all situated in Perungudi Village, Part-I, Radhapuram Taluk, Tirunelveli District by considering the representations dated 05.05.2018 and 23.07.2018 within a time frame.

For Petitioner : Mr.P.Jessi Jeeva Priya For R1 to R4 : Mr.M.Karuppasamy, Government Advocate For R5 & R6 : Mr.S.Balamurugan https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard the learned counsel on either side.

2.The petitioner wants action to be taken against the respondents five and six in respect of their mining operations in the petition mentioned lands.

The petitioner has given representations dated 05.05.2018 and 23.07.2018. Therefore, the second respondent is directed to dispose of the said representations on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. The second respondent shall hear the respondents five and six before passing final orders. It is made clear that this Court has not pronounced anything on the merits of the matter. It is open to the second respondent to pass orders one way or the other. 3.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner, Department of Mining and Geology, Thiru.Vi.ka.Industrial Estate, Chennai - 600 032. 2.The District Collector, Office of the District Collector, Tirunelveli - 627 009. 3.The Assistant Director, Department of Minding and Geology, Office of the District Collector, Kokkikulam, Tirunelveli.

4.The Tahsildar, Radhapuram Taluk, Radhapuram. +1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate in SR-51304 +1 CC to M/s.S.BALAMURUGAN, Advocate in SR-51376 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.51516 WP(MD)No.3023 of 2019 01.03.2019 skm PK/13.05.2019 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/