Markandeyan, S/O.Karuppiah v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.23 of 2017 and W.M.P.(MD)No.16 of 2017 Markandeyan : Petitioner Vs.
1. The District Collector, Sivagangai District, Sivagangai.
2. The Tahsildar, Sivagangai.
3. The Assistant Director (Mines), Collectorate Complex, Sivagangai District, Sivagangai.
4. The Revenue Divisional Officer, Sivagangai Taluk,
5. A.Venkat Reddy [R-5 impleaded as per the order of this Court dated 14.02.2017, made in W.M.P.(MD)No.2002/2017] : Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to regulate the mining of sand from the patta lands in Survey Numbers 67/1(1.04.0), 72/2 (0.16.0), 73/3(0.13.5), 72/4 (1.01.0), 72/5A(0.37.0), 72/5B(0.370), 72/5C(0.15.0), 75/7(0.24.0), 75/8(0.22.5),75/9(0.00.0), 79/4 (0.40.0), 79/5(0.14.5) 79/6(0.17.0), 79/7(0.19.0) total in an extent of 4.93.5 Hectare in Mutharasan Village, Sivagangai District.
[prayer amended as per the order of this Court dated 14.02.2017, made in W.M.P.(MD)No.403 of 2017].
For Petitioner : Mr.R.Balamuruganantham For Respondents No.1 to 4 : Mr.M.Govindan, Special Government Pleader For Respondent No.5 : Mr.M.Gururaj
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] This Writ Petition is filed to direct the respondents to regulate the mining of sand from the patta lands in Survey Numbers 67/1(1.04.0), 72/2 (0.16.0), 73/3(0.13.5), 72/4(1.01.0), 72/5A (0.37.0), 72/5B(0.370), 72/5C(0.15.0), 75/7(0.24.0), 75/8(0.22.5), 75/9(0.00.0), 79/4 (0.40.0), 79/5(0.14.5) 79/6(0.17.0), 79/7(0.19.0) total in an extent of 4.93.5 Hectare in Mutharasan Village,
2. According to the petitioner, the fifth respondent is engaged in mining of sand without obtaining permission from the competent authority. The petitioner, therefore, filed this Writ Petition.
3. The first respondent filed a counter-affidavit indicating that permission was granted to the fifth respondent for quarrying and transportation of gravel over an extent of 4.93.5 Hectares of land in S.F.Nos.67/1(1.04.0), 72/2 (0.16.0), 72/3(0.13.5), 72/4 (1.01.0), 72/5A(0.37.0), 72/5B(0.370), 72/5C(0.15.0), 75/7(0.24.0), 75/8(0.22.5),75/9(0.33.0), 79/4 (0.40.0), 79/5(0.14.5) 79/6(0.17.0), 79/7(0.19.0) in Mangudi Village, Sivagangai District, for the period from 04.11.2016 to 03.05.2017. According to the District Collector, the fifth respondent has been quarrying, pursuant to the licence granted by the statutory authority.
4. The learned counsel for the petitioner submitted that the licence period expired on 03.05.2017 and as such, nothing survives for adjudication.
5. The licence granted to the fifth respondent was for the period from 04.11.2016 to 03.05.2017. In case the licence has not been issued afresh beyond the period 03.05.2017, necessarily, the respondents 1 to 4 must ensure that there is no quarrying and transportation of gravel by the fifth respondent or his men with respect to the property made mentioned in the order granted to him and indicated in paragraph No.7 of the counter-affidavit.
6. The Writ Petition is disposed of with the above observation.
No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Tahsildar, Sivagangai.
3. The Assistant Director (Mines), Collectorate Complex, Sivagangai District, Sivagangai.
4. The Revenue Divisional Officer, Sivagangai Taluk, + 1 CC TO Mr.R.BALAMURUGANANDAM, ADVOCATE IN SR No. 64227 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65014 SML/MYR TE/KP/SAR-I : 19/07/2017 : 3P/7C Order made in W.P.[MD].No.23 of 2017 and W.M.P.(MD)No.16 of 2017 Dated: 10.07.2017