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Madras High CourtWP(MD)/15328/2017disposed of

V.Pitchaimani v. The District Collector

2017-08-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.15328 of 2017 and W.M.P.(MD) No.12144 of 2017 V.Pitchaimani ... Petitioner -vs1.

The District Collector, Theni District.

2.

The Assistant Director, (Geolgy and Mines) Department, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to issue the permit to the petitioner for quarrying the wind sand from the patta land measuring 1.16.5 Hectares in S.No.338/1C in Pottipuram Village, Pottipuram Village in Uthamapalayam Taluk, Theni District by disposing the petitioner's representation dated 18.04.2017. For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.S.Kumar Addl. Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to issue the permit to the petitioner for quarrying the wind sand from the patta land measuring 1.16.5 Hectares in S.No.338/1C in Pottipuram Village, Pottipuram Village in Uthamapalayam Taluk Theni District by disposing the petitioner's representation dated 18.04.2017.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The case of the petitioner is that the representation dated 18.04.2017 given by him to the first respondent for issuance of permit to quarry the wind sand in the patta land, did not evoke any response so far and pursuant to the inaction on the part of the first respondent, the petitioner is before this Court with the above prayer.

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4. Considering the facts and circumstances of the case and also considering the limited scope of the prayer sought for in this petition, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 18.04.2017 in respect of transportation of wind sand and dispose of the same in one way or the other, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

5. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To:

1.

The District Collector, Theni District.

2.

The Assistant Director, (Geolgy and Mines) Department, Theni District.

+1CC to Mr.Suriya Narayanan, Advocate, SR.No. 74948 W.P(MD)No.15328 of 2017 ar/rm AM/SV MMS/SAR 4/29.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/