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Madras High CourtWP(MD)/11392/2019closed

Balasubramani v. The District Collector

2023-06-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.8677 of 2019 Balasubramani ... Petitioner versus

1. The District Collector, Karur, Karur District.

2. The Assistant Director, Department of Geology and Mining, Karur, Karur District.

3. The Revenue Divisional Officer, Karur, Karur District.

4. The Thasildhar, Manmangalam Taluk, Karur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the 3rd 1/4

respondent herein in his proceedings in Ne.Mu.Ka.Na.Ka. A1/4557/2016 dated 23.07.2018 and quash the same. For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.P.T.Thiraviam, Government Advocate

ORDER

The officials have detected some illegal quarrying operation in Survey Nos.131 and 132 situated at Punjaipukulur Village, Karur and intended to initiate appropriate action under the Tamil Nadu Minerals Concessions Rules. As against the initial report of the Revenue Divisional Officer, Karur, dated 23.07.2018, the petitioner has filed this writ petition claiming that he is the owner of the property and the respondents are attempting to fix the liability against him for the illegal quarry conducted by the third parties.

2. In the order impugned in the writ petition, the Revenue Divisional Officer, Karur, has directed the Tahsildar, Manmangalam, to identify the owner of the land and to file a report. 2/4

3. The learned Government Advocate appearing for the respondent submits that the Revenue Divisional Officer, Karur, by proceedings No.Na.Ka.A1/4557/2016, dated 03.06.2023, concluded the proceedings and fixed the responsibility as against one Shanthi, W/o.Subburathinam, one Thangavel, S/o.Karuppannagounder and one Somasundaram, by imposing penalty under Rule 36A of the Tamil Nadu Minor Mineral Concession Rules.

4. A copy of the proceedings dated 03.06.2023 is also produced before this Court. In the proceedings dated 03.06.2023, no penalty has been imposed as against the petitioner. Since no adverse order has been passed as against the petitioner, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 08.06.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

3/4

B.PUGALENDHI, J.

ogy To

1. The District Collector, Karur, Karur District.

2. The Assistant Director, Department of Geology and Mining, Karur, Karur District.

3. The Revenue Divisional Officer, Karur, Karur District.

4. The Thasildhar, Manmangalam Taluk, Karur District.

08.06.2023 4/4