← Library
Madras High CourtWP(MD)/11304/2017disposed of

S.Rajasekar v. The District Collector

2017-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.11304 of 2017 and W.M.P(MD)No.8689 of 2017 S.Rajasekar ... Petitioner Vs.

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

2.The Assistant Director of Mines, Theni District, Theni.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents herein to grant the earth quarry lease to the petitioner to carry on the earth quarry operations in the land in Patta No.1276 in S.No.283/3 to an extent of 1.52.50 Hectares situated at Pottipuram Village, Uthamapalayam Taluk, Theni District, on the basis of the petitioner's representation dated 23.05.2017 and consequently, to direct the respondents herein to issue the transport pass to the petitioner. For Petitioner : Mr.M.Venkatesan For Respondents : Mr.T.R.Janardaran Additional Government Pleader

O R D E R

The writ petition has been filed for issuance of a writ of Mandamus directing the respondents to grant earth quarry lease to the petitioner to carry on the earth quarry operations in the land in Patta No.1276 in S.No.283/3 to an extent of 1.52.50 Hectares situated at Pottipuram Village, Uthamapalayam Taluk, Theni District, on the basis of the petitioner's representation dated 23.05.2017 and to issue transport pass to the petitioner.

2. The petitioner would among other things aver that the land in Patta No.1276 in S.No.283/3 to an extent of 1.52.50 hectares situated at Pottipuram Village, Uthamapalayam Taluk, Theni District belongs to one Subburaj and he is not able to make any cultivation in the above said land because the land is covered by wind sand. In order to remove the wind sand, he approached the petitioner and the petitioner also accepted to remove the surface https://hcservices.ecourts.gov.in/hcservices/

wind sand through lorries. Therefore, the petitioner has entered into an agreement with the said Subburaj in respect of the above mentioned property. Thereafter, the petitioner, vide his application dated 25.09.2015, approached the first respondent for grant of earth quarry license. After receiving his application, the first respondent directed the petitioner to get environmental clearance from the State Level Environment Impact Assessment Authority. Based on that, the petitioner has obtained the environmental clearance on 04.04.2016 and also obtained necessary consent to run the earth quarry from the Tamil Nadu Pollution Control Board, on 11.05.2016.

3. The petitioner further states that the Tamil Nadu Pollution Control Board has issued two certificates more fully ie., air and water and Radious report also obtained. After obtaining all the necessary certificates, the first respondent directed the petitioner to deposit a sum of Rs.5,000/- towards security deposit to run the said earth quarry lease and the same was also deposited on 18.05.2016 and also paid the area assessment fee of Rs.500/- on the direction of the first respondent. After complying all the requirements, till date the petitioner has not granted the said lease. Hence, the petitioner has come forward to file this writ petition.

4. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it is suffice to direct the respondents to consider the petitioner's representation, dated 23.05.2017 within a time frame.

5. This Court, without adverting to the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 23.05.2017 and pass orders in accordance with law, taking into consideration the certificates obtained from the competent authorities, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Office of the District Collector, Theni District, Theni. 2.The Assistant Director of Mines, Theni District, Theni. +2 ccs to Mr.M.Venkatesan, Advocate, SR.Nos.62260&62495 +One cc to The Special Government Pleader, SR.No.62733 akv RL/6C/2P/MR/SAR1/14/7/2017 W.P(MD)No.11304 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.06.2017