Mookan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL and W.M.P(MD)No.7192 of 2025 Mookan ... Petitioner Vs

1. The District Collector, Collectorate,

2. The Superintendent of Police,

3. The Revenue Divisional Officer, Illuppur Taluk,

4. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Illuppur, Pudukkottai and District.

5. The Tahsildhar, Taluk Office, Viralimalai Taluk, 1/7

6. The Inspector of Police, Viralimalai Police Station, Viralimalai Illupur Taluk,

7. Subramani

8. Alagammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2, 4 and 6 to conduct an enquiry in respect of manufacturing of the bricks production in Survey No.34/5 of Thennampadi Village, Viralimalai Taluk, Pudukkottai District by the private respondents 7 and 8 and take appropriate steps against them for the illegal quarrying and bricks manufacturing in the aforesaid property under the rules contemplated Tamil Nadu Minor Mineral Concession Rule 1959. For Petitioner : Mr.A.Aruljenifer for M/s. Kbs Law Office For R1, R3 & R5 : Mr.M.Senthil Ayyanar Government Advocate For R2, R4 & R6 : Mr.R.M.Anbunithi Additional Public Prosecutor 2/7

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 2, 4 and 6 to conduct an enquiry in respect of manufacturing of the bricks production in Survey No.34/5 of Thennampadi Village, Viralimalai Taluk, Pudukkottai District by the private respondents 7 and 8 and take appropriate steps against them for the illegal quarrying and bricks manufacturing in the aforesaid property. 2.The learned Counsel appearing for the petitioner would submit that the petitioner is the owner of the said property. While so, the private respondents, who are the children of the second wife of the petitioner's father encroached the said property and without obtaining any permission, they are conducting bricklin business by making bricks in the said property, thereby, the petitioner sent the representation dated 27.02.2025 through online, but no action was taken. Thereafter, he sent the representation, dated 26.03.2025 and the same has also not been considered. Hence this petition.

3.The learned Government Advocate appearing for the 3/7

respondents 1, 3 and 5 would submit that there is a land dispute between the petitioner and the private respondents. Already, the parties in this case sent a representation in respect of legal heirship certificate and the same was considered and appropriate order was passed. As far as running of bricklin business is concerned, no any complaint was received from the petitioner. If the petitioner lodges any complaint, then they will take appropriate action in accordance with law. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that no any representation was received from the petitioner relating to criminal offence and if any complaint lodged by the petitioner, they will consider the same in accordance with law.

5.Since the petitioner has not filed any documents to show that the petitioner lodged a complaint in respect of manufacturing of bricks in the disputed property by the private respondents and the official respondents also denied the receipt of the petitioner's complaint as against the private respondents, the prayer sought for in this petition cannot be considered. However, the petitioner is at liberty to lodge a fresh complaint before the 4/7

appropriate authorities and thereafter, the authorities concerned have to conduct enquiry and dispose of the same, after affording opportunity to both the parties.

6.With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. 07.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The District Collector, Collectorate,

2. The Superintendent of Police,

3. The Revenue Divisional Officer, Illuppur Taluk,

4. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Illuppur, Pudukkottai and District.

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5. The Tahsildhar, Taluk Office, Viralimalai Taluk,

6. The Inspector of Police, Viralimalai Police Station, Viralimalai Illupur Taluk, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL , J.

LR 07.04.2025 7/7