Madras High CourtWP(MD)/15820/2019disposed of

P.Rasathi v. The District Collector

2019-07-16Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.15820 of 2019 and W.M.P.(MD)No.12577 of 2019 P.Rasathi ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Assistant Director, Geology & Mining Department, Office of the District Collector, Theni District.

3.The District Forest Officer, Officer of the District Forest Officer, Kodaikanal Zone, Kodaikanal, Dindigul District-624 101.

4.The Wild life Warden, National Wild Life Sanctuary, Kodaikanal, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent herein in Na.Ka.No.62/Mines/2016 dated 30.07.2018 quash the same and consequently direct the first respondent herein to grant quarry licence to the petitioner accepting the ground measurement distance between Eco Senstitive Zone of Kodaikanal and patta land of the petitioner in Survey Nos.2408/3B1, 2408/3B2, 2408/3B3 & 2408/4 situated in Devathanapatti Village, Periyakulam Takuk, Theni District, by scientific method used by the fourth respondent. For Petitioner :

Mr.K.Appadurai For Respondents :

Mr.S.Angappan, Government Advocate.

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

ORDER

The petitioner has approached the Geology and Mining Department on 29.08.2018 and notice has also been issued by the Appellate Authority on 08.10.2018 calling for rectification of various defects.

2.In view of the same, this Writ Petition is not maintainable, seeing as the petitioner has already availed statutory remedy. 3.In the light of the aforesaid, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Theni District.

2.The Assistant Director, Geology & Mining Department, Office of the District Collector, Theni District.

3.The District Forest Officer, Officer of the District Forest Officer, Kodaikanal Zone, Kodaikanal, Dindigul District-624 101.

4.The Wild life Warden, National Wild Life Sanctuary, Kodaikanal, Dindigul District.

+1 CC to Mr.K.APPADURAI, Advocate SR-75587.

W.P(MD)No.15820 of 2019 and W.M.P.(MD)No.12577 of 2019 16.07.2019 https://hcservices.ecourts.gov.in/hcservices/ CS(05.08.2019) P C