Venkatachalapathy .I v. The District Collector

W.P(MD)No. 6425 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 6425 of 2022 I.Venkatachalapathy .. Petitioner Vs 1.The District Collector, Thoothukudi District - 628 101.

2.The Commissioner, Geology and Mining Department, Industrial Area, Guindy, Chennai - 600 032.

3.The Assistant Director of Geology and Mining, Thoothukudi District, Thoothukudi - 628 101.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to take necessary action as against the 3rd respondent based on the petitioner's representation dated 20.03.2022.

For Petitioner : I.Venkatachalapathy Party-in-person For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

[Made by R.VIJAYAKUMAR, J.] The present writ petition has been styled as public interest litigation seeking direction against respondents 1 and 2 to initiate action against the third respondent based upon a representation said to have been given by the petitioner on 20.03.2022. 2.

A perusal of the representation filed, annexed to the typed-set of papers, indicates that it is not an representation but it is an application under the Right to Information Act. The said application has been addressed to the Chief Minister (Special Cell) https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No. 6425 of 2022 and a copy has been marked to the Registrar of this Court and also to the District Collector, Tuticorin District. In the said application, the petitioner had made some allegations that some persons are illegally receiving money and issuing tickets for taking sand and hence sought for certain information. The said application has been answered by the concerned Information Officer in the District Collectorate on 22.03.2022. Hence, we find that, mandamus can be issued based upon any representation but not based upon the RTI application which has already been answered by the concerned authorities. Thus we do not find any reason to treat this petition as public interest litigation.

3.

In view of the above, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/18 To 1.The District Collector, Thoothukudi District - 628 101.

2.The Commissioner, Geology and Mining Department, Industrial Area, Guindy, Chennai - 600 032.

3.The Assistant Director of Geology and Mining, Thoothukudi District, Thoothukudi - 628 101.

+1 CC to M/s.I. VENKATACHALAPATHY, Advocate ( SR-17094[F] dated 07/04/2022 ) W.P(MD)No.6425 of 2022 07.04.2022 KS(CO) GC(20.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2