A.Sivakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2017
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.6028 of 2017 and WMP(MD)Nos.4754 and 4755 of 2017 Raiser Pasumai Development Limited, represented by its Director, A.Sivakumar : Petitioner -vs1.The District Collector, Sivagangai District.
2.The Assistant Director, Geology and Mining, Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Tashildar, Sivagangai Taluk, Sivagangai District.
5.The Sub Registrar, Sub-Registrar Office No-II, Sivagangai Town, Sivagangai District.
6.G.Muthukrishnan 7.Senthilkumar 8.Nagalakshmi 9.Venkat Reddy, Project Organiser, M/s.KNR Constructions Limited, 5-253, Linga Garden, Netaji Nagar, Manamadurai, SivagangaiDistrict.
: Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call the records of proceedings of the 1st respondent herein, in his proceedings in Na.Ka.M.2/304/2016, dated 13.02.2017 and quash the same and consequently, restrain the 9th respondent and his men from quarrying in petitioner's land in S.F.No.356/3 at V.Pudukkulam Village, Sivagangai Taluk, Sivagangai District. For Petitioner : Mr.D.Senthilkumar For R1 to R5 : Mr.G.Muthukannan Government Advocate For R6 to R9 : No appearance *********
O R D E R
This writ petition has been filed to call for the records of the 1st respondent in Na.Ka.M.2/304/2016, dated 13.02.2017, quash the same and consequently, restrain the 9th respondent and his men from doing quarry operation in the petitioner's land in S.F.No.356/3 at V.Pudukkulam Village, Sivagangai Taluk & District, whereby, the first respondent granted permission to the ninth respondent to carry on quarry activities in the subject matter of the land. 2.
The case of the petitioner is that subject land which is referred to in this writ petition belongs to him and therefore, he prayed that the ninth respondent should not do any quarrying activities in his lands.
3. Per contra, when the matter is taken up for hearing, the learned Government Advocate would submit that the 9th respondent has already given a letter of undertaking to the 2nd respondent stating that as the lease period has already come to an end, they are not interested in doing the quarry operation in the subject matter of the land which is referred to in the writ petition and in support of his contention, he has also produced the copy of the letter written by the ninth respondent, dated 16.06.2017 before this court.
4. Though very many averments have been raised by the petitioner, the fact remains that the ninth respondent themselves have written a letter to the official respondents to the effect that they are not interested in quarrying activities granted to them, as the period of lease has already been over. Therefore, this Court deems it fit no more further adjudication is necessary in this writ petition and this writ petition is liable to be closed.
5. Accordingly, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar
To, 1.The District Collector, Sivagangai District.
2.The Assistant Director, Geology and Mining, Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Tashildar, Sivagangai Taluk, Sivagangai District.
5.The Sub Registrar, Sub-Registrar Office No-II, Sivagangai Town, Sivagangai District.
+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.60979 SSM JS/KP/SAR.4/28.08.2017/3P-7C W.P.(MD)No.6028 of 2017 19.06.2017