Vellasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9307 of 2024 Vellasamy ... Petitioner Vs.

1.The District Collector, Collector Office Road, Alwarpuram, 2.Department of Geology and Mining, Represented by its Deputy Director Collector Office Road, Alwarpuram, 3.The State Level Environmental Impact, Assessment Authority (SEIAA) Represented by its Chairman, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015.

4.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

5.Ko.Thalapathi 6.Durai Gopalsamy 1/4

7.Savithri @ Veeralakshmi 8.Sankar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to restrain from issuing approval to operate the stone quarry in the agricultural land being survey No.146/1B, Nadukottai Village, Thirumangalam Taluk, Madurai District pending disposal of the enquiry by 4th respondent on the cancellation of wrongful Patta issued in favor of 6th and 7th respondents. For Petitioner : Mrs.Chitra Sampath Senior Counsel for Mr.A.K.Rajaraman For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.K.Balasubramani Special Government Pleader for R1, R2 & R4 : Mr.N.Dilipkumar for R3 : Mr.P.Saravanakumar for R5 to R7

ORDER

Heard the learned senior counsel appearing for the petitioner and the learned Additional Advocate General assisted by learned Special Government Pleader appearing for respondents 1, 2 & 4.

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2. When the matter was taken up for hearing, the learned Additional Advocate General drew my attention to Paragraph No.5 of the counter affidavit filed by the Deputy Director of Geology and Mining, Collectorate, Madurai. Para No.5 reads as follows:- "5.I also respectfully submit that since the disputed SF.No.146/1B over an extent of 0.35.0 hectares in Nadukkottai Village, Thirumangalam Taluk of Madurai District had already been deleted from the schedule of survey numbers intended by the 8th respondent in respect of his quarry lease application, the prayer of the petitioner, submitted before the Hon'ble Madurai Bench of Madras High Court may become infructuous before law. Therefore, in view of the above, the Hon'ble Madurai Bench of Madras High Court may be pleased to accept this report and may consider the pass appropriate order. "

3. Recording the aforesaid stand, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Collector Office Road, Alwarpuram, 3/4

G.R.SWAMINATHAN, J.

rmi 2.Department of Geology and Mining, Represented by its Deputy Director Collector Office Road, Alwarpuram, 3.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

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