R.Chellamuthu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.4508 of 2017 R.Chellamuthu ... Petitioner -Vs1.The District Collector, Collectorate Campus, Dindigul.

2.The Assistant Director, Mines and Minerals Department, Dindigul District.

3.The Tahsildar, Vedasandur Taluk, Dindigul.

4.Sakunthala ... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein not to grant any permission to the fourth respondent for carrying on quarry operations in respect of the property in Survey No.393/3B to an extent of 37 cents of Kuttam Village, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representation, dated 11.12.2016 and for other reliefs.

For Petitioner : Mr.M.Mariappan.

For R1 to R3 : Mr.T.R.Janarthanan, Additional Government Pleader.

O R D E R

The Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 3 not to grant any permission to the fourth respondent for carrying on quarry operations in respect of the property in Survey No.393/3B to an extent of 37 cents of Kuttam Village, Vedasandur Taluk, Dindigul District, on the basis of the petitioner's representation, dated 11.12.2016.

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2. When the matter is taken up for hearing today, the learned Additional Government Pleader submitted that originally the lands in S.No.393/3B measuring an extent of 0.57.50 Hectares stood registered in Patta No.1850 in the name of the fourth respondent namely Tmt. Sagunthala. Subsequently the land was sold to one Thiru.N.Muthusamy through registered sale deed dated 24.08.2016 and the said land was sub divided as S.No.393/3B1 and S.No.393/3B2. The land under dispute in S.No.393/3B1 stands in the name of one Thiru.N.Muthusamy and not in the name of the fourth respondent as stated by the petitioner.

3. I have considered the submissions made by the learned counsel for the petitioner as well as the learned Additional Government Pleader and perused the materials available on record.

4. As rightly pointed out by the learned Additional Government Pleader, the property does not stand in the name of the fourth respondent and hence, the prayer sought for in the writ petition deserves no consideration. Therefore, the writ petition fails. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate Campus, Dindigul.

2. The Assistant Director, Mines and Minerals Department, Dindigul District.

3. The Tahsildar, Vedasandur Taluk, Dindigul.

+1cc to M/S. MARIAPPAN, Advocate, SR.No.61090. +1cc to Special Government Pleader, SR.No.61193. W.P.(MD)No.4508 of 2017 20.06.2017 https://hcservices.ecourts.gov.in/hcservices/ akv SDS/SKN:RSK/SAR 3/13.07.2017/2P/6C