Madras High CourtWP(MD)/2142/2017allowed

R.Rajangam v. The District Collector

2017-02-08Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.2142 of 2017 and W.M.P(MD)No.1776 of 2017 R.Rajangam .. Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Thasildhar, Manamadurai Taluk, Sivagangai District.

4.The Superintendent of Police, 5.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

6.Sethu 7.Balashanmugam 8.Senthil Kumar 9.Kalailingam 10.Rangasamy 11.Muthukumar 12.K.Rajangam .. 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 5 to take necessary action against the illegal sand quarry operation made by respondents 6 to 12 in Vaigai River adjacent to the petitioner's land in S.No.200 of Kirungakottai Village Group, Manamadurai Taluk, Sivagangai District on the basis of the representation given by the petitioner dated 12.12.2016.

For Petitioner : Mr.V.Kannan For Respondents 1 to 5 : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 5 to take necessary action against illegal sand quarrying operation in Survey No.200, Kirungakottai Village Group, Manamadurai Taluk, Sivagangai District, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Kallarvalasai Village, Manamadurai Taluk, Sivagangai District. Further it is averred in the petition that the respondents 6 to 12 are taking sand stealthily from Survey No.200, Kirungakottai Village Group, Manamadurai Taluk, Sivagangai District. Under the said circumstances a representation has been given on 12.12.2016. But the authorities have not taken any steps and therefore the present writ petition has been filed. 3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 5.

4.The learned Special Government Pleader appearing for the respondents 1 to 5 has contended to the effect that the respondents 6 to 12 are taking sand illegally without permission. 5.Considering the nature of the relief sought in the writ petition and also considering that a representation has already been given on 12.12.2016 and the same has not been considered, this Court is inclined to pass the following order. 6.In fine, this writ petition is allowed without costs and the respondents 3 and 5 are strictly directed to prevent illegal quarrying of sand from Survey No.200, Kirungakottai Village Group, Manamadurai Taluk, Sivagangai District. Consequently, connected Miscellaneous Petition is closed.

SD ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB ASSISTANT REGISTRAR TO 1.The District Collector, 2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Thasildhar, Manamadurai Taluk, Sivagangai District.

4.The Superintendent of Police, 5.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

+1CC TO MR. V.KANNAN, ADVOCATE, SR NO.7160 +1CC TO M/S. SPECIAL GOVERNMENT PLEADER SR NO.7251 smn MAS/RSK/SAR1;09.02.2017:3P/8C ORDER MADE IN W.P(MD)No.2142 of 2017 and W.M.P(MD)No.1776 of 2017 08.02.2017