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Madras High CourtWP(MD)/8091/2015disposed of

A.S.Jayabharathy, v. The District Collector

2015-05-14Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.05.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.8091 of 2015 and M.P.(MD)No.1 of 2015 A.S.Jeyabharathy : Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Mines & Geology, Virudhunagar Collectorate, Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

5.The Inspector of Police, Alangulam Police Station, Alangulam, Sivakasi Taluk, Virudhunagar District.

6.Mr.Naryana Perumal 7.Mrs.Rajathi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents 1 to 5 herein in their respective capacities to consider and take appropriate actions on the basis of petitioner's representation dated 01.12.2014 followed by further representations on 08.12.2014, 04.02.2015 and 29.04.2015 regarding the illegal sand mining operations of the respondents 6 and 7 in the lands other than the lands in Survey Numbers 1319 and 1320 in the village of Keelanmarainadu, Sivakasi Taluk, Virudhunagar District, by conducting a proper survey and demarcation of the lands, within a time, that may be stipulated by this Court. For Petitioner : Mr.V.Ramakrishnan For Respondents 1 to 5 : Mr.M.Alagudevan, Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, accepting notice on behalf of https://hcservices.ecourts.gov.in/hcservices/

respondents 1 to 5 and with the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for disposal.

2. The petitioner has filed this Writ Petition alleging that the sixth and seventh respondents are engaged in illegal sand mining and are damaging agricultural lands. In this regard, a representation was given by the petitioner to the District Collector on the grievance day. The District Collector, vide memo dated 16.12.2014, has directed the third respondent to enquire into the matter and submit appropriate report. Since the petitioner was not informed about the action taken, the petitioner is before this Court.

3. The learned Special Government Pleader, on instructions from the official respondents, submitted that the allegation made by the petitioner is false and the Writ Petition itself is on account of enmity between the petitioner and the sixth and seventh respondents.

4. Be that as it may, the District Collector has already forwarded the representation for appropriate action by the third respondent. Therefore, it is for the third respondent to take appropriate action in accordance with law and inform the action taken to the petitioner, within a period of three weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Vacation Officer /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector,Virudhunagar District,Virudhunagar. 2.The Assistant Director of Mines & Geology, Virudhunagar Collectorate,Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi,Virudhunagar District.

4.The Tahsildar,Sivakasi Taluk,Virudhunagar District. 5.The Inspector of Police, Alangulam Police Station, Alangulam,Sivakasi Taluk,Virudhunagar District. +1cc to Mr.V.Ramakrishnan,Advocate, SR.No.25276 Order made in W.P.(MD)No.8091 of 2015 Dated:- 14.05.2015 SML PA/14.05.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/