Madras High CourtWP(MD)/6479/2017disposed of

G.Karunakaran, v. The Distrcit Collector,

2017-07-06Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.6479 of 2017 and W.M.P(MD)No.5084 of 2017 G.Karunakaran ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Superintendent of Police, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4. The Tahsildar, Sivagiri Taluk, Sivagiri, Tirunelveli District.

5.T he Deputy Superintendent of Police, Sivagiri Taluk, Sivagiri, Tirunelveli District.

6. The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Tirunelveli District.

7.The Village Administrative Officer, Naranapuram Part II Village, Sivagiri Taluk, Tirunelveli District.

8.P.Joy Paul Palliyil 9.C.Samraj ... Respondents

PRAYER:Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to take appropriate action against the respondents 3 to 7 for their inaction against the 8th and 9th respondents for the illegal quarrying of sand in the petitioners agricultural land comprised in Survey No. 1328/1C of Naranapuram Part II Village Sivagiri Taluk and thereby direct the 8th and 9th respondents to pay adequate compensation of Rs.7 lakhs to the petitioner.

For Petitioner ... Mr.G.Thalaimutharasu For Respondents 1 to 7 ... Mr.S.Kumar Additional Government Pleader * * * * *

ORDER

This writ petition has been filed by the petitioner company to issue a writ of Mandamus directing the 1st and 2nd respondents to take appropriate action against the respondents 3 to 7 for not taking action against the 8th and 9th respondents for the illegal quarrying of sand in the petitioners agricultural land comprised in Survey No. 1328/1C of Naranapuram Part II Village, Sivagiri Taluk and thereby direct the 8th and 9th respondents to pay adequate compensation of Rs.7 lakhs to the petitioner.

2. Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner and Mr.S.Kumar, learned Additional Government Pleader appearing for respondents 1 to 7.

3. Though the prayer is large in nature, the learned counsel for the petitioner confines for a direction to the 1st respondent to consider the representations of the petitioner made on 18.07.2016 & 02.09.2016 for appropriate action against the 8th and 9th respondents for having committed illegal quarrying of sand in the petitioner's land comprised in Survey No.1328/1C.

4. The learned Additional Government Pleader fairly submitted that necessary orders would be passed by the 1st respondent followed by proper action.

5. Under such circumstances, the 1st respondent is hereby directed to consider the petitioner's representations and take action as per law after affording due opportunity of personal hearing to the petitioner as well as 8th and 9th respondents, by proper notice, well in advance. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Tenkasi,Tirunelveli District.

4. The Tahsildar, Sivagiri Taluk, Sivagiri, Tirunelveli District.

5.The Deputy Superintendent of Police, Sivagiri Taluk,Sivagiri, Tirunelveli District.

6. The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Tirunelveli District.

7. The Village Administrative Officer, Naranapuram Part II Village, Sivagiri Taluk, Tirunelveli District.

+1 cc to Special Government Pleader in SR.No.63934 gk/smn AE/ME KKR/SAR1/17.07.2017/3P/9C W.P.(MD)No.6479 of 2017 and W.M.P(MD)No.5084 of 2017 06.07.2017