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Madras High CourtWP(MD)/17488/2018disposed of

S.Safeer v. The Secretary To The Govt Of

2018-08-03Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17488 of 2018 S.Safeer ... Petitioner vs.

1. The Secretary to the Government of Tamil Nadu, Mines and Minerals, Secretariat, Chennai-9.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Assistant Director, Department of Geology and Mining, FG-201, Tirunelveli District, Tirunelveli.

4. The Superintendent of Police,

5. The Deputy Superintendent of Police, Tenkasi Sub-Division,

6. The Revenue Divisional Officer, Tenkasi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the fifth respondent not to put any period restriction while granting permission with regard to the transportation of "Kudukkal Saral" from Tamil Nadu to Kerala through Puliyara Check Post at Shengottah Taluk, Tirunelveli District in the light of the petitioner's representation dated 03.06.2018.

For Petitioner : Mr.R.Anand For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 03.06.2018 seeking not to put any period restriction while granting permission, with regard to the transportation of "Kudukkal Saral" from Tamil Nadu to Kerala through Puliyara Check Post at Shengottah Taluk, Tirunelveli District, has not been considered by the respondents 4 and 5 till date and therefore, he has filed the present writ petition. 4.Today, when the matter was taken up for hearing the learned Additional Government Pleader on instruction from the Sub-Inspector of Police attached to the fifth respondent submitted that they have not restricted the petitioner in any way.

5. In the light of the submission made by the learned Additional Government Pleader, there shall be a direction to the fifth respondent to consider the petitioner's representation dated 03.06.2018 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The Secretary to the Government of Tamil Nadu, Mines and Minerals, Secretariate, Chennai-9.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Assistant Director, Department of Geology and Mining, FG-201, Tirunelveli District, Tirunelveli.

4. The Superintendent of Police,

5. The Deputy Superintendent of Police, Tenkasi Sub-Division,

6. The Revenue Divisional Officer, Tenkasi.

+ 1 CC TO Mr.R.ANAND, ADVOCATE IN SR No. 77487 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77459 CP TE/JM/SV/SAR-3 : 12/09/2018 : 3P/9C W.P.(MD) No.17488 of 2018 03.08.2018