Madras High CourtWP(MD)/12706/2017disposed of

C.Arokiyaraj, v. The District Collector

2017-07-10Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12706 of 2017 C.Arokiyaraj ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Assistant Director, Department of Geology and Mining, District Collectorate, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the representation dated 02.06.2017.

For Petitioner : Mr.T.Sugadev For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate.

******

O R D E R

This writ petition has been filed, seeking a Writ of Mandamus to direct the respondents to consider the representation dated 02.06.2017.

2. The grievance of the petitioner is that he made a representation dated 02.06.2017 to the respondents seeking to take action against one Jeyaprakash, son of Periyamaruthu from using the properties in Survey Nos.206/3,4 205/2,8,4 and 204/1,3 belonging to the petitioner. Though the said representation was received by the respondents as early as on 04.06.2017, the same has not been considered so far and hence, he is before this Court. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned Counsel for the petitioner as well as the learned Government advocate appearing for the respondents, who would submit that if a reasonable time is granted to the respondents, appropriate orders will be passed on the representation of the petitioner.

4. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 02.06.2017 with regard to illegal mining in the lands belonging to the petitioner and pass appropriate orders on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as one Jeyaprakash, S/o.Periyamaruthu, who is not a party before this Court and against whom certain allegations have been made in the petition, within a period of six weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Assistant Director, Department of Geology and Mining, District Collectorate, Ramanathapuram District.

+3 ccs to Mr.T.Sugadev, Advocate, SR.No.64184 +One cc to The Special Government Pleader, SR.No.64671 rm/ar RL/7C/2P/KP/SAR1/13/7/2017 W.P(MD)No.12706 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 10.07.2017