P.Santhana Muthaiah, v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17146 of 2015 P.Santhana Muthaiah ... Petitioner Vs.

1. The Secretary, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai 32.

2. The District Collector, Theni District.

3. The Assistant Director, Department of Geology and Mining, Collectorate Complex, Theni District.

4. The Revenue Divisional Officer, Uthamapalayam, Theni District.

5. The Tahsildar, Bodi Taluk, Theni District.

6. P.Balasundarraj

7. K.Prem

8. Sivanesan ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action against the Respondents 6 to 8 under Rule 36(5)(h) of Tamil Nadu Minor Mineral Concession Rules 1959 for the illegal sand quarrying activity carried out by them in lands in and around the Rasingapuram Village Bodinayakanur Taluk Theni District other than the permitted ordinary sand (fhw;wb kz;) quarrying in Survey Numbers 100/1 102/1 102/2A 111/3 & 111/4 in the above said village on the basis of the petitioner's representation dated 08.09.2015. For Petitioner : Mr.V.Sankaranarayanan For Respondents 1-5 : Mr.B.Pugalendhi, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The grievance of the petitioner appears to be that the respondents 6 to 8 are quarrying sand other than the permitted area. Hence, the petitioner made representation to the respondents 1 to 5 on 08.09.2015. Since no final order has been so far, the present writ https://hcservices.ecourts.gov.in/hcservices/

petition has been filed.

2.Learned counsel appearing for the petitioner submits that it would suffice if the representation of the petitioner, dated 08.09.2015, is directed to be disposed of by the second respondent within a stipulated time.

3.In view of the limited prayer sought for in the writ petition, the second respondent is directed to consider the representation of the petitioner dated 08.09.2015 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. No costs.

Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.

The Secretary, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai 32.

2.

The District Collector, Theni District.

3.

The Assistant Director, Department of Geology and Mining, Collectorate Complex, Theni District.

4.

The Revenue Divisional Officer, Uthamapalayam, Theni District.

5.

The Tahsildar, Bodi Taluk, Theni District.

+1 cc to MR.V.Sankara Narayanan, ADVOCATE, SR No.56329. +1 cc to Special Government Pleader, ADVOCATE, SR No.56392 Writ Petition (MD) No.17146 of 2015 22.09.2015 SH/AAL-MPA/SAR-I:13.10.15/2P-8C https://hcservices.ecourts.gov.in/hcservices/