R. Sankar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.18741 of 2020 and W.M.P.(MD) No.15658 of 2020 (Through Video Conferencing) R.Sankar : Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The District Collector Pudukottai District, Pudukottai.
3.The Assistant Director of Geology and Mining, Thanjavur District, Thanjavur.
4.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to take appropriate legal action against the illegal quarry of Savudu, Sand and Gravel in excess of permissible limits as granted in the lease of quarry in the lands in S.No.135/2H, 135/10C, 135/2G, 135/11A, 135/2E, 135/10B, 135/10A and 135/11B Chennampatti Village, Thanjavur Taluk and the lands in S.Nos.290/3, 259/2A Manjapettai Village, Gandharvakottai Taluk and lands in S.Nos.243,245/4c,245/7,245/8and 245/9 and 250/1 Malayapetti Village,and by encroaching the adjoining Government lands, based on the representation submitted by the petitioner dated 04.11.2019, within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a writ of Mandamus directing the respondents to take action 1/3
against the illegal quarrying of savudu, sand and gravel in excess of permissible limit granted under the license.
2. The communication sent to the office of the Government Pleader by the District Collector, Thanjavur would indicate that the lease were granted are either expired or cancelled and as of now, no quarrying operation is carried on.
3. On perusal of the report of the District Collector, Pudukottai, sent to the office of the Government Pleader, it is seen that only five licences are in operation and the remaining 14 licenses got expired, while one was terminated. Two areas under non-operation.
4. In view of the above, there is no further order is required except directing the District Collector, Pudukottai to cause an inspection of the aforesaid five quarrying places, having currency of license through her officials and if any illegality is found, appropriate action to be taken thereafter.
5. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Thanjavur District, Thanjavur.
2.The District Collector Pudukottai District, Pudukottai.
3.The Assistant Director of Geology and Mining, Thanjavur District, Thanjavur.
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4.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.
+1 CC to M/s.GP ( SR-1872[F] dated 22/01/2021 W.P.(MD)No.18741 of 2020 Dated: 21.01.2021 (CO) kv(04.02.2021) 3P 6C 3/3