Madras High CourtWP(MD)/5869/2020dismissed

V. Kumaresan v. The Dist. Collector

2020-03-20Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.5869 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.5869 of 2020 V.Kumaresan ... Petitioner Vs.

1.The District Collector Sivagangai District, Sivagangai.

2.The Assistant Director Geology and Mining Department, Sivagangai Sivagangai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue permit chits to the petitioner for quarrying and transporting the Gravel from the land situated in Survey Nos.33/2, 33/3, and 34/1 at Kilathari Village, Sivagangai Taluk, Sivagangai District based on the order passed by the first respondent vide his proceedings in Rc.No. M2/647/2017 dated 30.10.2018.

For Petitioner : Mr.S.Balaji For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner seeks disposal of his representation dated 30.10.2018, seeking to issue permit chits to the petitioner for quarrying and transporting the Gravel from the land situated in Survey Nos.33/2, 33/3 and 34/1 at Kilathari Village, Sivagangai Taluk, Sivagangai District, based on the orders of the first respondent / the District Collector, Sivagangai District in Rc.No.M2/647/2017.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.5869 of 2020 3.Mrs.J.Padmavathi Devi, learned Special Government Pleader, who takes notice on behalf of the respondents, has drawn attention of this Court to the interim order passed in W.P(MD) No.9104 of 2019, dated 15.04.2019, by the Hon'ble Division Bench of this Court, wherein, the Division Bench has specifically granted "an order of interim direction not to extend the existing licence or grant any fresh licence either to the private respondents or to the new parties until further orders." The order of the Division Bench of this Court is binding on the District Collector, Sivagangai District.

4. In view of the same, this Court cannot grant any Mandamus to the respondents. The petitioner will have to work out his remedy in appropriate manner. The petitioner may file a necessary application in the said writ petition and seek clarification.

5.With the above observation, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) rm To 1.The District Collector Sivagangai District, Sivagangai.

2.The Assistant Director Geology and Mining Department, Sivagangai Sivagangai District.

+1 CC to M/s.S.BALAJI, Advocate ( SR-12663[F] dated 20/03/2020 ) +1 CC to M/s.SPL.GP ( SR-12846[F] dated 23/03/2020 ) W.P(MD)No.5869 of 2020 Dated : 20.03.2020 SS/14.05.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2