Madras High CourtWP(MD)/19740/2015disposed of

P. Navaneethakrishnan v. The District Collector

2015-10-30Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.19740 of 2015 P.Navaneethakrishnan ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Collectorate, Ramanathapuram 2.The Superintendent of Police, O/o.the Superintendent of Police, Ramanathapuram District.

3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

5.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Ramanathapuram District.

6.The Executive Engineer, Public Works Department/Water Resource Organisation, Kundaru Basin Division, Tallakulam, Madurai District 2.

7.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street, Geetha Mahal 1st Floor, Sivagangai 630 561.

8.T.Rathinavel ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Na.Ka.1442/G & M.2/2013 dated 24.08.2015 on the file of the Respondent no. 1 and quash the same as illegal and Consequently directing the Respondent no. 1 and 2 to restrain Respondent No. 8 from taking sand in the river bed instead of Savadu Soil (Coarse Soil) and quarrying beyond https://hcservices.ecourts.gov.in/hcservices/

the licensed area allowed as per the mining lease issued by the respondent no. 1 in Survey Nos. 352/2B and 352/3 to the extend to 1.16.0 Hectare at Maranthai Village Kadaladi Taluk Ramanathapuram District, within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathiroy For Respondents 1-6 : Mr.V.R.Shanmuganathan, Special Government Pleader.

For 7th Respondent : Mr.C.Elaman

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The writ petition has been filed primarily contending that the eight respondent instead of quarrying savadu soil as per licence, he is quarrying sand beyond the licensed area. If there is any breach of the conditions imposed in the licence as pointed out by the petitioner, the competent authority is bound to take action in accordance with law.

2.With the above observation, the writ petition is disposed of. No costs. Consequently, M.P(MD)No.1 to 3 of 2015 are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

- To 1.The District Collector, Ramanathapuram District, Collectorate, Ramanathapuram 2.The Superintendent of Police, O/o.the Superintendent of Police, Ramanathapuram District. 3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Ramanathapuram District. 4.The Tahsildar, Kadaladi Taluk, Kadaladi,Ramanathapuram District. 5.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Ramanathapuram District. 6.The Executive Engineer, Public Works Department/Water Resource Organisation, Kundaru Basin Division, Tallakulam, Madurai District 2. 7.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street,Geetha Mahal 1st Floor, Sivagangai 630 561.

+One cc to M/s.T.Lajajathi Roy, Advocate, SR.64225 sms RL/9c/AMF/16/11/2015 Writ Petition (MD) No.19740 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 30.10.2015