Balasubramanian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA and WMP(MD) No.8876 of 2022 Balasubramanian : Petitioner Vs.

1.The State of Tamilnadu Rep. by its Secretary to Government Public Works Department Fort St. George Chennai 9 2.The Additional Superintendent Public Works Department (Vaigai Basin) Thallakulam 3.The District Collector, Theni District Theni.

4.The District Collector Madurai District 5.The District Collector, Sivagangai District, Sivagangai.

6.The District Collector Virudhunagar District, Virudhunagar 7.The District Collector, Ramanathapuram District Ramanathapuram 8.The District Collector, Dindigul District Dindigul.

: Respondents 1/3

PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents from granting any license to run the sand quarry in and around the river bed of vaigai running towards the Districts, namely, Theni, Madurai, Sivagangai, Virudhunagar, Dindigul and Ramanathapuram based on the petitioner's representation dated 03.06.2022.

For Petitioner : Mr.Prasanna Rajadurai for Mr.R.Jegadeeswaran For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This writ petition has been filed on the premise that the authorities are likely to grant a license to some persons for quarrying sand in and around riverbed of Vaigai in Theni, Madurai, Sivagangai, Virudhunagar, Dindigul and Ramanathapuram. In this regard, the petitioner has given a representation dated 03.06.2022 and has thereafter filed the present public interest litigation for a direction to the respondents to dispose of the representation. 2.In the opinion of this Court, a mandamus can be issued only for enforcing a public duty and there is no public duty cast upon the respondents to dispose of the representation, as sought by the petitioner. In such view of the matter, we find no merits in this writ petition. Hence, the writ petition is dismissed. No costs.

Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR To 1.The Secretary to Government Public Works Department Fort St. George Chennai 9 2.

3.The District Collector, Theni District Theni.

4.The District Collector Madurai District 5.The District Collector, Sivagangai District, Sivagangai.

6.The District Collector Virudhunagar District, Virudhunagar 7.The District Collector, Ramanathapuram District Ramanathapuram 8.The District Collector, Dindigul District Dindigul.

+1 CC to M/s.SPL.GP ( SR-27086[F] dated 21/06/2022 ) 20.06.2022 MGJ(28.06.2022) 3P 10C 3/3