Madras High CourtWP(MD)/24994/2016disposed of

C.Wilson v. The Distirct Collector

2017-07-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2017

CORAM

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD)No.24994 of 2016 and WMP(MD)Nos.18082 and 18083 of 2016 C.Wilson .. Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Mines & Minerals, Collectorate, Nagercoil, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Vilavancode, Kanyakumari District.

4.Vijayakumar .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 3 to stop the illegal functioning of the brick kiln run by the 4th respondent in S.F.No.239/9 Arudesam Village, Vilavancode Taluk, Kanyakumari District. For Petitioner : Mr.M.Saravanakumar for M/s.Muthukamatchi.

For RR - 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For R - 4 : Mr.L.Jeen Felix for Mr.S.C.Herold Singh

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this Writ Petition to direct the respondents 1 to 3 to stop the illegal functioning of brick kiln run by the fourth respondent in S.F.No.239/9, Arudesam Village, Vilavancode Taluk, Kanyakumari District.

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2.The learned Additional Government Pleader appearing for the respondents 1 to 3, by producing a copy of Country Kiln Registration Certificate issued by the Department of Geology and Mining, submitted that registration was given to the fourth respondent for the period from 05.07.2016 to 04.07.2017. 3.The Country Kiln Registration Certificate indicates that the registration of the fourth respondent expired on 04.07.2017. The respondents 1 and 2 are directed not to permit the fourth respondent to run country brick kiln with effect from 05.07.2017. In case any application is made by the fourth respondent for renewal of registration, the petitioner shall also be heard before passing any orders on such application. In case, it is made out that under the guise of conducting a country brick kiln, the fourth respondent is actually running a factory by using heavy machinery, necessary action shall be taken by the respondents 1 to 3 to stop such illegal activities.

4.The Writ Petition is disposed of with the above direction. No costs. Consequently, WMP(MD)Nos.18082 and 18083 of 2016 are closed.

Sd/- Assistant Registrar(Crl. Side) /True copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Mines & Minerals, Collectorate, Nagercoil, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Vilavancode, Kanyakumari District.

+1cc to Mr.S.C.Herold singh,Advocate,SR.67021 +1cc to Mr.V.Muthukamatchi,Advocate,SR.66849 +1cc to M/S.Special Government Pleader,SR.67615 WP(MD)No.24994 of 2016 21.07.2017 MJ KK/MR KKR/SAR1/02.08.2017/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/