Madras High CourtWP(MD)/21702/2017closed

V.Senthil Kumar, v. The District Collector,

2018-02-05Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.21702 of 2017 and W.M.P(MD)No.18002 of 2017 V.Senthil Kumar ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

5.The Assistant Director of Mines, Ramanathapuram, Ramanathapuram District.

6.The Assistant Executive Engineer, Public Works Department, Keezhavaigai Division, Paramakudi, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to cancel the license issued by the proceedings dated 26.09.2017 in Na.Ka.G&M2/158/2016 and proceedings dated 13.10.2017 in Na.Ka.G&M1/158/2016 for the violations committed while carrying out the quarrying operation in S.No.8 by considering the representations of the petitioner dated 07.11.2017 and 11.11.2017 by following the direction of this Court issued in W.P(MD).No.19647 of 2017 dated 13.10.2017.

For Petitioner : Mr.J.Anandkumar For RR 1 to 5 : Mr.A.K.Baskara Pandian, Special Government Pleader.

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) By consent, the Writ Petition itself is taken up for final disposal.

2.The writ petition is filed as a Public Interest Litigation to halt the sand quarrying operation in Survey No.8 at Kookudi Village, Thiruvadanai Taluk, Ramanathapuram District. 3.The writ petition was entertained on 24.11.2017. This Court, vide order dated 22.01.2018, has indicated that in the light of the order passed by the learned Single Judge ordering closing all the sand quarry operated by the PWD, which has been confirmed by the Hon'ble Division Bench, directed the learned Special Government Pleader to get instructions. Accordingly, the learned counsel for the fifth respondent has filed the status report dated 05.02.2018 and it is relevant to extract Paragraph No.4: "4.

It is submitted that, the Assistant Executive Engineer, PWD, WRD, Mining and Monitoring Sub Division, Ramanathapuram reported that, the quarrying operation which commenced on 06.11.2017 was stopped with effect from 07.12.2017 due to the fact that the quality of the sand was not up to the mark. Out of the permitted period of 7 months, the quarry operation carried out only for 31 days. There is no quarrying operation in the impugned site after 07.12.2017. Further, he has also stated that, during the period of quarrying operation the rules and conditions given in the Proceedings of the District Collector, Ramanathapuram vide Roc.No.G&M2/1582016, dated 26.09.2017 have been strictly followed.

It is therefore, humbly prayed that this Hon. Court may be pleased to dismiss this petition as devoid of merits and pass such other orders as this Hon'ble Court deems it fit, proper and appropriate in the circumstances and thus render justice."

4.In the light of the said development, no further orders are necessary in this writ petition and it is closed. No costs. However, the respondents shall ensure that no illegal quarrying operation is being carried on in the said quarry in question. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.