M. Rajendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.14016 of 2019 M.Rajendran ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Ramanathapuram.

2.The Assistant Director, Geology and Mining, 3.The Tahsildar, Taluk Office, Paramakudi, 4.Jeyaraman 5.V.Ulaganathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the first respondent to prevent the fifth respondent from quarrying river sand on the guise of quarrying of Savadu in Survey Nos.296/3 (0.12.5), 296/5 (0.50.0) and 297/2A (0.76.5) to an extent of 1.39.00 Hectares of land in Valimarichan Group, Ramanathapuram District and consequently, direct the respondents 1 to 3 to take appropriate action against the illegal sand minerals.

For Petitioner : Mr.V.Selva For Respondents : Mr.A.K.Baskarapandian Special Government Pleader for R.1 to R.3 1/3

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J.) This writ petition styled as a Public Interest Litigation is filed by the petitioner alleging illegal quarrying of Savadu [mixture of clay and soil] by the fifth respondent from the patta lands and the representations submitted to the authorities concerned failed to evoke any response and hence, came forward to file this petition.

2. Mr.A.K.Baskarapandian, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3 and on instructions, would submit that the fifth respondent was granted licence for a limited period for carrying out reclamation and it was found that below certain level, sand is found and steps are taken to cancel the licence granted to the fifth respondent after following due process of law.

3. This Court heard the submissions of the learned Counsel for the petitioner also on the said submission made by the learned Special Government Pleader appearing for the respondents 1 to 3.

4. In the light of the said development, nothing remains for further adjudication in this writ petition and therefore, this writ petition is dismissed as infructuous. No costs. Consequently, the connected writ miscellaneous petition is also dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Office of the Collectorate, Ramanathapuram.

2.The Assistant Director, Geology and Mining, 2/3

3.The Tahsildar, Taluk Office, Paramakudi, +1 CC to M/s.V.SELVA, Advocate ( SR-81003[F] dated 09/08/2019 ) +1 CC to M/s.SPL GP ( SR-81809[F] dated 14/08/2019 ) and W.M.P(MD)No.14016 of 2019 09.08.2019 rsb JMN(26.08.2019) 3P : 6C 3/3