S.Rajasekaran, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.04.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)Nos.5119, 5120 and 5148 of 2015 and M.P.(MD).Nos.1 to 3 of 2015 S.Rajasekaran

...Petitioner in W.P.(MD).No.5119 of 2015

N.Arasu

...Petitioner in W.P.(MD).No.5120 of 2015

P.Illakiya

...Petitioner in W.P.(MD).No.5148 of 2015

Vs.

1.The District Collector, 2.The Assistant Director of Geology & Mining, Collectorate Dindigul District Dindigul. ... Respondents in W.P.(MD).Nos.5119&5120 of 2015 and I&II Respondent in WP(md) No.5148/15 3.The Tahsildar, Odanchathiram Taluk, ... III Respondent in WP(md) No.5148/15 W.P.(MD).Nos.5119 and 5120 of 2015: Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writs of Certiorari to call for the records relating to the impugned stone quarry auction notice issued by the 1st respondent in Na.Ka.No.197 (Mines) 2015 dated 12.03.2015 published in the Dindigul District Gazette Special Issue dated 16.03.2015 and quash the same as illegal and in violation of Tamilnadu Minor Mineral Concession Rules 1959 in respect of the proposed stone quarry at Survey No.234 (part) to an extent of 0.80.0 Hectares at Kuthiluppai Village,Ottanchatiram Taluk, Dindigul District.

W.P.(MD).No.5148 of 2015:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records on the file of the first respondent pertaining to its order in Na.Ka.No.197/2015 dated dated 24/02/2015 with regard to Sl.No.14 published in the Dindigul District District Gazette dated 25.02.2015 and quash to same. W.P.(MD).Nos.5119 and 5120 of 2015:- For Petitioner : Mr.B.Saravanan For R.1 & 2 : Mr.R.Anandharaj Government Advocate ******* W.P.(MD).No.5148 of 2015:- For Petitioner : Mr.S.C.Herold Singh For R.1 to 3 : Mr.R.Anandharaj Government Advocate ******* COMMON ORDER Challenging the notification of the first respondent dated 12.03.2015, all the writ petitions have been preferred by the petitioners.

2.

However, today, when the matters are taken up for hearing, the learned Government Advocate appearing for the respondents submitted that the quarry in question which is referred to in the writ petitions initially did not fetch any amount in the auction and in any event of the matter, the quarry in question will not be used for carrying on quarrying operations in future also and therefore, all the writ petitions have become infructuous.

3.

Recording the submissions of the learned Government Advocate, all the writ petitions stand closed.

No costs.

Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar To, 1.The District Collector,

2.The Assistant Director of Geology & Mining, Collectorate Dindigul District Dindigul.

3.The Tahsildar, Odanchathiram Taluk, +2 cc to M/S.B.Saravanan , Advocate in SR.No.52432,52431 +1 cc to M/S.S.C.Herold Singh , Advocate in SR.No.52333 W.P(MD)Nos.5119, 5120 and 5148 of 2015 17.04.2017 SDS/JC/05.05.2017/3P/7C