Vijayakumar G v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.4789 of 2022 G.Vijayakumar .. Petitioner -Vs1.The State of Tamil Nadu, Rep. by its Principal Secretary, Industries Department, Fort St.George, Chennai - 9.
2.The Director of Geology and Mining, Guindy, Chennai - 32.
3.The District Collector, Thoothukudi, 4.The Assistant Director, Department of Geology and Mining, 5.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Kovilpatti, Thoothukudi District.
6.The Tahsildar, Kovilpatti Taluk, 7.K.Senthilnathan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 6 to forbear the respondent no.7 from setting up the Grave Quarry in the land in Survey No.78/2 in an extent of 1.64.5 Hectare in Survey No.79/1 in an extent of 1.19.0 Hectare at Oothupatti Village, Kalugumalai Firka, Kovilpatti Taluk, Thoothukudi District without getting prior permission and without following Rules of Section 3 & 36 of the Minor Mineral Concession Rules, 1959. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R6 1/3
ORDER
[Made by R.VIJAYAKUMAR, J.] The present writ petition has been filed seeking a Writ of Mandamus directing the respondents 1 to 6 not to grant any gravel quarry permission or license to the seventh respondent.
2. This writ petition has been filed on 30 March 2022. However, learned counsel for the respondents 1 to 6 furnished a copy of the order dated 08 March 2022 under which permission has been granted to the seventh respondent to quarry gravel for the purpose of Railway Line work. Since the prayer in the writ petition is for not to grant license and now that license has already been granted, a copy of which has also been furnished to learned counsel for the petitioner, nothing survives in the present writ petition. Learned counsel for the petitioner is at liberty to challenge the same, if so advised.
3. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition would not survive. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, Industries Department, Fort St.George, Chennai - 9.
2.The Director of Geology and Mining, Guindy, Chennai - 32.
3.The District Collector, Thoothukudi, 4.The Assistant Director, Department of Geology and Mining, 5.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Kovilpatti, Thoothukudi District.
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6.The Tahsildar, Kovilpatti Taluk, +1 CC to M/s.SPL.GP ( SR-17161[F] dated 07/04/2022 ) 05.04.2022 NSN(CO) KB(18.04.2022) 3P 8C 3/3