M.Vijayakumar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.13013 of 2018 and W.M.P.(MD) Nos.11901 and 11902 of 2018 M.Vijayakumar ... Petitioner Vs.

1.The District Collector, Dindigul District, Collectorate, 2.The Tahsildar, Natham Taluk, Natham Taluk Office, 3.The Block Development Officer, Natham Panchayat Union, Natham, 4.The Executive Engineer, Public Works Department, Water Resource Department, 5.The Inspector of Police, Natham Police Station, Natham, 6.Thiyagarajan ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to prevent illegal taking of pond sand / gravel in the pond situated in S.No.134 and 125 of Velampatti Village in the guise of cleaning and illegally taking the pond sand / gravel without any

valid permission and also to protect the Arasamaram and Neem trees planted near the said pond by the villagers for the use of public during walkway and for conservation the ecosystem. For Petitioner : Mr.R.Narayanan For Respondents : Mr.M.Rajarajan, G.A.

for R1 to R5

ORDER

(Order of the Court was made by C.T.SELVAM,J.) By consent, Writ Petition itself, is taken up for final disposal. Mr.M.Rajarajan, learned Government Advocate takes notice for respondents 1 to 5.

2.This Writ petitioner seeks to issue a Writ of Mandamus, directing respondents 1 to 5 to prevent illegal taking a pond sand / gravel in the pond situated in S.Nos.134 and 125 at Velampatti Village under the guise of cleaning, without obtaining valid permission as also to protect trees namely, Arasamaram and Neem planted near such pond.

3.Report of the second respondent in Na.Ka.No.2627/2018/E1, dated 20.06.2018 informs under due permission, 260 tractors alluvial soil (tz;ly; kz; ) loads have been excavated and the pond has now been rendered fit for accumulation of rain water. Therefore, what is complained of by the petitioner as wrongful conduct of the sixth respondent has been done under due authority and permission.

4.In the circumstances, this Writ petition shall stand dismissed. No costs. Consequently, connected W.M.Ps.are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The District Collector, Dindigul District, Collectorate, 2.The Tahsildar, Natham Taluk, Natham Taluk Office,

3.The Block Development Officer, Natham Panchayat Union, Natham, 4.The Executive Engineer, Public Works Department, Water Resource Department, 5.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

+ 1 cc TO Mr.R.Narayanan , Advocate in SR No. 70391 + 1 cc TO The Special Government Pleader in SR No. 70113 nbj AE/SKN RSK/SAR4/24.07.2018/3P/8C W.P.(MD)No.13013 of 2018 and W.M.P.(MD) Nos.11901 and 11902 of 2018 27.06.2018