Madras High CourtWP(MD)/4028/2017partly allowed

Subramani, S/O.Udayar, v. The District Collector

2017-03-09Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4028 of 2017 Subramani .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thiruparankundram Taluk, Thiruparankundram, Madurai District.

3.The Joint Director, Agriculture, Madurai District, Madurai.

4.The Joint Director, Mines and Minerals, Madurai District, Madurai.

5.The Block Development Officer, Thiruparankundram Panchayat Union, Madurai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent not to give permission to any one for taking sand/gravel from the Periyakulam Tank situated in Survey No.31 at Thenapalanji Village, Thiruparankundram Taluk, Madurai District in near future by considering the petitioner's representation dated 27.02.2017.

For Petitioner : Mr.R.Murugappan For Respondents 1 to 4 : Mr.M.Govindan, Special Government Pleader.

For Respondent No.5 : Mr.Aayiram K.Selvakumar https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents not to allow anybody to take sand/gravel from the tank mentioned therein, by way of issuing a writ of mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 4 and Mr.Aayiram K.Selvakumar, has taken notice for the fifth respondent. 3.It is seen from the records that on 27.02.2017 a representation has been given, but the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed in part without costs and the first respondent is directed to look into the representation dated 27.02.2017 and dispose of the same within a period of one month.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Thiruparankundram Taluk, Thiruparankundram, Madurai District. 3.The Joint Director, Agriculture, Madurai District, Madurai.

4.The Joint Director, Mines and Minerals, Madurai District, Madurai. 5.The Block Development Officer, Thiruparankundram Panchayat Union, Madurai District. +1 cc to M/s.R.Murugappan, Advocate in SR.No.13535 smn CSL/SV-MMS/SAR-II/14.03.2017 :2P/7C ORDER MADE IN W.P(MD)No.4028 of 2017 09.03.2017 https://hcservices.ecourts.gov.in/hcservices/