Rajaiah, S/O.Shanmugavel, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1891 of 2017 and W.M.P.(MD).Nos.1557 & 1558 of 2017 Rajaiah : Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Executive Engineer, Water Resource Organization, Vaippar River Basin, Vaippar River Basin Division, Vilathikulam, Tuticorin District.

3.The Assistant Director, Geology and Mines Department, Tuticorin, Tuticorin District.

4.The Deputy Tahsildar, Head Quarters, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

5.M.Subramanian : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent in his proceedings Roc.No.G.M.1/33/2015, dated 21.09.2016 and quash the same.

For petitioner : Mr.S.Aliakber For R1 to R4 : Mr.M.Govindan Special Government Pleader For R5 : Mr.M.Gururaj https://hcservices.ecourts.gov.in/hcservices/

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] According to the learned counsel for the petitioner, the 5th respondent is taking minerals from the nearby river and that was the reason for filing this writ petition. Since there is no prayer to restrain the 5th respondent from quarrying illegally, there is no question of issuing a writ of certiorari to quash the order dated 21.09.2016. When this was pointed out, the learned counsel for the petitioner made an endorsement indicating that he is withdrawing the writ petition with liberty to file a comprehensive writ petition to stop the 5th respondent from quarrying illegally.

2. The Writ Petition is dismissed as withdrawn with such liberty. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Tuticorin District, Tuticorin.

2.The Executive Engineer, Water Resources Organization, Vaippar River Basin, Vaippar River Basin Division, Vilathikulam, Tuticorin District.

3.The Assistant Director, Geology and Mines Department, Tuticorin, Tuticorin District.

4.The Deputy Tahsildar, Head Quarters, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

+1cc to M/s.Ali Akbar, Advocate,SR.66726 +1cc to M/s.Special Government Pleader,SR.67002 W.P.(MD)No.1891 of 2017 20.07.2017 AKV/TSG KK/JC/SAR3/08.08.2017/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/