Madras High CourtWP(MD)/2490/2017closed

U.Sudha v. The District Collector

2017-07-07Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.2490 of 2017 and WMP(MD)No. 2094 of 2017 U.Sudha

...Petitioner

Vs.

1.The District Collector, Collector's Office, Karur.

2.The Director, Geology and Mines Department, Chennai.

3.Deputy Director of Geology and Mines, Collectorate Complex, Tanthonimalai, Karur District.

4.The State Level Environmental Impact Assessment Authority, Government of Tamil Nadu, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.

5.R.Palanisamy

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to cancel the licence granted in favour of the 5th respondent for quarrying operations in respect of the property comprised in Survey No.513, Kuppam, Aravakurichi Taluk, Karur District on the basis of petitioner's representation dated 31.01.2017.

For Petitioner : Mr.M.Bindran.

For Respondents : Mr.J.Gunaseelan Muthiah, 1 to 4 Government Advocate.

For Respondent 5 : Mr.N.Shanmuga Selvam.

ORDER

This writ petition has been filed to direct the respondents 1 to 4 to cancel the licence granted in favour of the 5th respondent for quarrying operations in respect of the property comprised in Survey No.513, Kuppam, Aravakurichi Taluk, Karur District on the basis of petitioner's representation dated 31.01.2017.

2.Heard the learned counsel for the petitioner as well as the learned counsel for the 5th respondent and also the learned Government Advocate appearing for respondents 1 to 4. 3.The 1st respondent filed a detailed counter affidavit, wherein, in Para 7, it is averred as follows: "......Thiru R.Palanisamy, the quarry lease granted to him had been cancelled vide this office Proceeding's in Rc.No.340/Mines/2017, dated 25.03.2017 and no quarrying work is made in the said quarry. In view of the above facts, the writ petition filed by the petitioner deserves no consideration and the same may be dismissed as infructuous as well as devoid of merits."

4.Since, the license granted to the 5th respondent herein had already been cancelled, no further orders is required in this writ petition. Accordingly, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collector's Office, Karur.

2.The Director, Geology and Mines Department, Chennai.

3.The Deputy Director of Geology and Mines, Collectorate Complex, Tanthonimalai, Karur District.

4.The State Level Environmental Impact Assessment Authority, Government of Tamil Nadu, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.

+1cc to M/S. M.BINDRAN, Advocate, SR.No.64263. +1cc to Special Government Pleader, SR.No.64402. WP(MD)No.2490 of 2017 and WMP(MD)No. 2094 of 2017 07.07.2017 gk/smn SDS/SKN:RSK/SAR 3/14.07.2017/3P/7C