Madras High CourtWP(MD)/16429/2019disposed of

M.Kaliyaperumal v. The Principal Secretary To Government Of Tamil Nadu

2021-04-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.16429 of 2019 and W.P(MD)No.13112 of 2019 M.Kaliyaperumal ... Petitioner Vs.

1. The Principal Secretary to Government of Tamil Nadu Industries Mines and Quarries Minor Minerals Department Secretariat, St. George Fort, Chennai - 600 009.

2. The District Collector Thanjavur District, Thanjavur.

3. The Assistant Director Geology and Mining Department, Thanjavur.

4. The Revenue Divisional Officer, Thanjavur District, Thanjavur.

5. The Tahsildar Thanjavur Taluk, Thanjavur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to strictly implement the condition mentioned in G.O.Ms.No.50, dated 27.04.2017 issued by the Industries (MMC-1) Department of the Government of Tamil Nadu.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.K.P.Krishnadass, Special Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.Rajaram, learned Counsel appearing for the petitioner, Mr.K.P.Krishnadass, learned Special Government Pleader appearing for the respondents.

2.This writ petition has been filed as a Public Interest Litigation to strictly implement the conditions mentioned in G.O.Ms.No.50, dated 27.04.2017.

3.Counter affidavit has been filed by the second respondent stating that all steps have been taken to ensure that there is no illicit mining of savudu. In paragraph No.9 of the counter affidavit, it is stated that the petitioner, his wife and 10 others are encroachers of the tank poramboke and they have filed a suit against the Department. If that is so, the petitioner should clear himself of any allegations of encroachment and he may obtain appropriate decree from the Civil Court and thereafter, pursue his claim by making specific averments as to where illicit mining and transportation of savudu are being done and appropriate information should be given in the representation. The representation, which is filed in the typed set along with the writ petition as well as the affidavit filed in support of the writ petition are not sufficient to issue any direction in this writ petition, which is being filed as a Public Interest Litigation.

4.With the above observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS)

Note :

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