Madras High CourtWP(MD)/13973/2021dismissed as infructuous

Arumugam.K v. The District Collector

2021-08-11Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P(MD)No.13973 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P(MD)No.13973 of 2021 and W.M.P(MD)No.10922 of 2021 K.Arumugam ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai.

2.The District Revenue Officer, District Collector Office Campus, Sivagangai.

3.The Tahsildar, Office Campus, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to pass any further orders for granting permission for de-silting and take away the quarried Earth of Arasaneri Kanmoi of Arasanipatti Village, Sivagagangai Taluk and to restrain quarrying in Arasaneri Kanmoi of Arasanipatti Village.

For Petitioner : Mr.M.Ganesan For Respondents : Mr.P.Thilak Kumar Standing Counsel for Government

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus, directing the respondents not to pass any further orders for granting permission for de-silting and take away the quarried Earth of Arasaneri Kanmoi of Arasanipatti Village, Sivagagangai Taluk and to restrain quarrying in Arasaneri Kanmoi of Arasanipatti Village. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13973 of 2021 2.When the Writ Petition is taken up for hearing today, Mr.P.Thilak Kumar, learned Standing Counsel for the Government appearing for the respondents, submitted that the prayer sought for in the Writ Petition has become infructuous for the reason that the permission granted on 07.07.2021 for de-silting and removing the Earth was granted only from 09.07.2021 to 14.07.2021. 3.On a perusal of the order passed on 07.07.2021 by the first respondent/the District Collector, it is clear that the permission was granted only for the said period.

4.Since the period has got expired as early as on 14.07.2021, the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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, Office of the District Collector, Sivagangai.

2.The District Revenue Officer, District Collector Office Campus, Sivagangai.

3.The Tahsildar, Office Campus, Sivagangai.

W.P(MD)No.13973 of 2021 11.08.2021 MGJ(18.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2