Somasundaram.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.9778 of 2021 K.Somasundaram ... Petitioner -vs1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director of Mines and Minerals, Mines and Minerals Department, District Collectorate Complex, Dindigul - 5.

3.The Revenue Divisional Officer, District Collectorate Complex, Dindigul - 5.

4.The Tahsildar, Dindigul Taluk, Dindigul District.

5.Jeyaraman, S/o.Late.Rathinam Pillai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting quarry licence to the fifth respondent with regard to the joint family 1/5

properties of the petitioner's lands in Survey Nos.264, 267 and 268/1, situated in Kambiliayampatti Village, Dindigul Taluk, Dindigul District, based on the petitioner's representation, dated 01.07.2021. For Petitioner :

Mr.P.Manikandan For R1 to R4 :

Mr.R.Ragavendran Government Advocate For R5 :

Mr.H.Mohammed Imran for M/s.Ajmal Associates

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents 1 to 4 from granting quarry licence to the fifth respondent on the ground that the property in question is a joint family property.

2. When the matter was taken up for hearing today, it was brought to the notice of this Court that the suit that was filed by the petitioner in O.S.No. 53 of 2010, before the Principal Subordinate Court, Dindigul, seeking for the relief of partition, was dismissed by judgment and decree, dated 18.11.2022. A copy of the same was also produced before this Court. 2/5

3. The learned Government Advocate appearing on behalf of the official respondents based on the counter affidavit filed by the fourth respondent submitted that permission was granted for quarrying of stone only based on the documents that were submitted by the fifth respondent.

4. In the light of the above development, the relief sought for by the petitioner cannot be granted by this Court and accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No 19.10.2023 Index : Yes/No smn2 To 1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director of Mines and Minerals, Mines and Minerals Department, District Collectorate Complex, Dindigul - 5.

3.The Revenue Divisional Officer, District Collectorate Complex, Dindigul - 5.

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4.The Tahsildar, Dindigul Taluk, Dindigul District.

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N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.9778 of 2021 19.10.2023 5/5