← Library
Madras High CourtWP(MD)/15488/2021disposed of

Kutty Jegatheesan v. The District Collector

2021-10-04Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.15488 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.15488 of 2021 Kutty Jegatheesan

...Petitioner

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Deputy Director, Mines and Minerals, Tirunelveli District, Tirunelveli.

4.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

5.Lakshmanan

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to initiate appropriate action on the fifth respondent for preventing the sand quarrying and selling from the land in Iyan Punjai Survey Number 143/1, (presently 143/1A, 143/1B, 143/1C), Kallikulam Village without proper permissions from the authorities based on the petitioner's representations dated 19.04.2021 and 09.08.2021, within stipulated time.

For Petitioner : Mr.T.A.Ebenezer For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition is filed seeking Writ of Mandamus, directing the fourth respondent to initiate appropriate action against the fifth respondent on the basis of the complaint dated 19.04.2021 and 09.08.2021, even though Writ of Mandamus may not lie for such relief.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15488 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that based upon the complaint given by the petitioner, a case in Crime No.356 of 2021 has been registered on 02.09.2021 against the fifth respondent herein and two other persons, for the offences punishable under sections 379 and 21

(1) of Mines and Minerals (Development and Regulation) Act, 1957 and it is pending.

3.Now, the grievance of the petitioner is redressed, nothing survives for further consideration or direction in this petition and this petition has become infructuous.

4.Accordingly, this Writ Petition is disposed of as infructuous. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Deputy Director, Mines and Minerals, Tirunelveli District, Tirunelveli.

4.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

W.P.(MD)No.15488 of 2021 04.10.2021 MGJ(22.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2