T.R.Vinokumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI T.R.Vinokumar ... Petitioner Vs.

1.The District Collector, Kanyakumari District.

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

3.The Revenue Divisional Officer, Kanyakumari District.

4.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to extend the time period granted for removal of soil and rocks from the petitioner's land in S.No. 294/15, Nallur Village, Vilavangode Taluk, Kanyakumari District, admeasuring 0.18.0 hectares (0.180 acres) vide proceedings in Na.Ka.No.31/PUMSU/2024 1/5

dated 26.03.2025 by the 1st respondent for a further period of three months by considering the representation dated 03.04.2025. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

Heard Mr.V.R.Shanmuganathan, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate for the respondents.

2. The petitioner has filed the writ petition for issuance of writ of mandamus, to direct the 1st respondent to grant extension of time to enable the petitioner to remove the soil and rocks from the petitioner's land. The petitioner has also given representation on 03.04.2025.

3. Mr. V.R. Shanmuganathan, learned counsel for the petitioner, submits that the petitioner faces difficulties due to the proximity of a school to the petitioner's land, where board examinations are being conducted, thereby restricting the petitioner's activities. The counsel further contends that the petitioner has been directed to remove 1018 units within 8 days without using explosives, which is practically impossible given the short span of time. 2/5

4. In light of the above, I find the petitioner's request reasonable.

5. Mrs.S.Jeyapriya, learned Government Advocate for the respondents, submits that the petitioner's requested extension of three months is on the higher side.

6. Considering the facts and circumstances of the case, this Court grants the petitioner a further period of 2 months to complete the removal of soil and rocks from their land, as per the proceedings dated 26.03.2025. The said exercise shall be carried out within a period of 2 months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, Kanyakumari District.

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

3.The Revenue Divisional Officer, Kanyakumari District.

4.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

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P.B.BALAJI , J.

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