Harish v. The District Collector

1 W.P.(MD)NO.8967 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.8967 of 2023 AND W.M.P.(MD)No.8142 of 2023

1. Harish

2. Magendran

3. Balaji ... Petitioners Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3. The Assistant Director Mines and Minerals, Sivagangai District, Sivagangai.

4. The Execute Engineer, Public Works Department, Water Resources, Sivagangai.

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5. The Assistant Engineer, Public Works Department, Water Resources, Vaigai Dam, Viraganur, Madurai District.

6. The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

7. The Block Development Officer, Thirupathur Union, Sivagangai District.

8. The Block Development Officer, Thirupuvanam Union, Sivagangai District.

9. The Village Administrative Officer, Manalur Village, Tirupuvanam Taluk, Sivagangia District.

10. Ramanathan

11. K.K.Balasubramanian

12. M.Arasi (R-11 & R-12 are impleaded vide Order 27.04.2023 in W.M.P.(MD)No.9518 of 2023) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 9 from granting any permission, licence or sanction to the 10th respondent or anybody for quarrying sand or ordinary sand in Manalur Kanmai bearing S.F.No.90/1, situated at Manalur Village, Thirupuvanam Taluk, Sivagangai District, by considering the petitioner's representation dated 30.03.2023 within a time stipulated by this Court. 2/6

3 W.P.(MD)NO.8967 OF 2023 For Petitioner : M/s.A.Arul Jenifer For R-1 to R-9 : Mr.R.Baskaran, Additional Advocate General, assisted by Mr.K.Balasubramani, Special Government Pleader.

For R-10 : Mr.Anirudh A.Sriram For R-11 & R-12 : Mr.G.Prabhu Rajadurai * * *

O R D E R

Heard the learned counsel on either side.

2. The prayer made in the writ petition is for forbearing the authorities from granting permission or license in favour of the 10th respondent for quarrying in the petition mentioned survey number.

3. When the matter was taken up for hearing, the learned Special Government Pleader produced a copy of the proceedings dated 12.06.2023 whereby the application of the 10th respondent had been negatived.

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4. Hence, nothing survives for further adjudication. We make it clear that merits of the matter have not been gone into. The contention of both the parties are left open. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 19th JUNE 2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6

5 W.P.(MD)NO.8967 OF 2023 To:

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3. The Assistant Director Mines and Minerals, Sivagangai District, Sivagangai.

4. The Execute Engineer, Public Works Department, Water Resources, Sivagangai.

5. The Assistant Engineer, Public Works Department, Water Resources, Vaigai Dam, Viraganur, Madurai District.

6. The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

7. The Block Development Officer, Thirupathur Union, Sivagangai District.

8. The Block Development Officer, Thirupuvanam Union, Sivagangai District.

9. The Village Administrative Officer, Manalur Village, Tirupuvanam Taluk, Sivagangia District.

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6 W.P.(MD)NO.8967 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.8967 of 2023 19.06.2023 6/6

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