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Madras High CourtWP(MD)/12489/2023closed

Karuppasamy v. The Director

2024-10-14Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19987 of 2024 Karuppasamy ... Petitioner -vs1.The Director, Department of Geology and Mines, O/o. the Department of Geology and Mines, Alanthur Road, Guindy Industrial Estate, Chennai-600 032.

2.The Assistant Director, Department of Geology and Mines, O/o the Department of Geology and Mines, Virudhunagar, Virudhunagar District.

3.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk Office, Virudhunagar District.

6.VNP.Gomathi Sankaranarayanan ...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 09.02.2023 within the time stipulated by this Court and thereby prevent the illegal mining activities committed by the 6th respondent. For Petitioner :

Mr.M.Arikaran For R-1 to R-5 :

Mr.R.Baskaran, Additional Advocate General, Assisted by, Mr.P.Thilak Kumar, Government Pleader For R-6 :

Mr.V.Balasubramanian Advocate Commissioner :

Mr.M.Arun Srivastava

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The prayer in the writ petition reads as follows: "To issue a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 09.02.2023 within the time stipulated by this Court and thereby prevent the illegal mining activities committed by the 6th respondent."

2. Mr.V.P.Jeyaseelan, I.A.S., the District Collector, Virudhunagar, who is present in person, has filed an affidavit stating that the 6th respondent in the writ petition had quarried rough stones in the safety zone which would also amount to illegal mining activity attracting penalty proceedings. A copy of the order of the District Collector dated 13.09.2024 has also been placed before us, in and by which, a penalty has also been levied on the 6th respondent for mining within the safety zone and also mining block stones instead of rough stones. It is also stated

that the period of the lease is over and no further mining activity is being conducted in the area.

3. Accepting the affidavit filed by the District Collector, Virudhunagar, the Writ Petition is closed, since the mining activity has been stopped and the period of lease has also expired. There shall be no order as to costs. [R.S.M., J.] [L.V.G., J.] 14.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The Director, Department of Geology and Mines, O/o. the Department of Geology and Mines, Alanthur Road, Guindy Industrial Estate, Chennai-600 032.

2.The Assistant Director, Department of Geology and Mines, O/o the Department of Geology and Mines, Virudhunagar, Virudhunagar District.

3.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk Office, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 14.10.2024