Ilayaraja v. The District Collector

W.P.(MD).No.12518 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P.(MD).No.12518 of 2021 and W.M.P(MD) No.9802 of 2021 Ilayaraja

...Petitioner

Vs.

1.The District Collector Pudukkottai District, Pudukkottai.

2.The Assistant Director (Geology and Mines), The District Collector Office, Pudukkottai, Pudukkottai District.

3.Manivannan 4.Kaladevi 5.Pushparaj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Mandamus, directing the Respondents 1 and 2 herein to take necessary action against the Respondents 3 to 5 for engaging the excess mining, illicit mining and illegal transportation of sand without following the rules in S.F.Nos.126/2, 126/5, 261/28, 261/29, 770 in the Kulathur Taluk, Pudukkottai District, based on considering the Petitioner's representation dated 14.06.2021.

For Petitioner : Mrs.A.Banumathy For Respondents 1 & 2 : Mr.A.K.Manickkam, Standing Counsel for Government

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J.] We have heard Mrs.A.Banumathy, learned counsel appearing for the petitioner and Mr.A.K.Manickkam, learned Standing Counsel for Government appearing for the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12518 of 2021 2.The petitioner seeks for a direction upon the respondents 1 and 2 to take action on his representation, wherein, he has alleged that the respondents 3 to 5 are engaging in excess and illegal mining and transportation of sand.

3.Since we are disposing of the writ petition at the admission stage without notice to the respondents 3 to 5, we merely direct the first respondent to consider the petitioner's representation, dated 14.06.2021, a surprise inspection to be conducted by the second respondent and based upon the report, appropriate orders be passed on merits and in accordance with law. If it is found that there is an excessive mining or violation of any of the conditions of licence, then notice should be issued to the respondents 3 to 5 and action should be taken in accordance with law. This direction be complied with within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Pudukkottai District,Pudukkottai.

2.The Assistant Director (Geology and Mines), The District Collector Office, Pudukkottai,Pudukkottai District.

+1 CC to M/s.SPL GP ( SR-24202[F] dated 28/07/2021 ) W.P.(MD).No.12518 of 2021 26.07.2021 RD(2.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2