Madras High CourtWP(MD)/2126/2017disposed of

A.Vadivel v. The District Collector

2017-07-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2126 of 2017 and W.M.P(MD)No.1765 of 2017 A.Vadivel .. Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Assistant Director (Mines), Ramanathapuram District, Ramanathapuram.

3. The Thasildar, Ramanathapuram, Ramanathapuram District.

4. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

5.Vahitha Banu .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to initiate appropriate action against the fifth respondent and stop the illegal quarrying made at S.No.5/2, Therpokki Village, Ramanathapuram District in Violation of the license granted to quarry savudu by considering the representation of the petitioner dated 19.01.2017. [Prayer is amended vide order dated 01.03.2017 made in W.M.P(MD)No.2878/2017].

For Petitioner : Mr.S.C.Herold Singh For Respondents 1 to 4 : Mr.M.Govindan, Special Government Pleader.

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ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 4, to take appropriate action against the fifth respondent and stop the illegal quarrying at Survey No.5/2, Therpokki Village, Ramanathapuram District.

2.The learned Special Government Pleader, on instructions, submitted that lease was given to the fifth respondent for quarrying at Survey No.5/2, Therpokki Village, Ramanathapuram District. Since the lease period expired, there is no quarrying, as on today. The said statement is confirmed by the learned Advocate Commissioner, in his Report.

3.In view of the above, there is no question of issuing a direction to the respondents 1 to 4. It is always open to the petitioner to approach the respondents 1 and 2, in case, there is quarrying once again, notwithstanding the expiry of the lease granted in favour of the fifth respondent.

4.The writ petition is disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Assistant Director (Mines), Ramanathapuram District, Ramanathapuram.

3. The Thasildar, Ramanathapuram, Ramanathapuram District.

4. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

+1cc to Mr.S.C.Herold Singh, Advocate in SR.No.66099 +1cc to The Special Government Pleader in SR.No.66574 smn/gk AE/KK/SAR2/01.08.2017/2P/7C ORDER MADE IN W.P(MD)No.2126 of 2017 and W.M.P(MD)No.1765 of 2017 18.07.2017 https://hcservices.ecourts.gov.in/hcservices/