Madras High CourtWP(MD)/19150/2022dismissed

Dennis v. The State Of Tamilnadu

2022-08-23Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.19150 of 2022 Dennis ... Petitioner -vs1.The State of Tamilnadu, Rep. by its Principal Secretary, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Kanyakumari District at Nagercoil - 628 001.

4.The Assistant Director of Geology and Mining, 5.The Revenue Divisional Officer, Padmanabapuram, ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to consider the petitioner's representations dated 13.05.2022 and 02.08.2022 consequently prevent illicit mining operations in Western Ghat areas of For Petitioner :

Mr.K.P.Narayanakumar For Respondents :

Mr.P.Thilak Kumar, Government Pleader

O R D E R

(Made by P.N.PRAKASH, J.) After having been given two representations dated 13.05.2022 and 02.08.2022 to the authorities alleging that illegal mining operations are going on in the Western Ghats area in Kanyakumari District, the present public interest litigation has been filed for a direction to the authorities to dispose of the said representations.

2. In our considered view, there is no statutory duty cast upon any of the respondents to dispose of such representations and therefore, in the absence of a statutory duty, a writ of mandamus as prayed for cannot be issued. As an when the petitioner finds that any illegal mining activity is

specifically happening, it is always open to him, as a citizen of this Country, to lodge a complaint to the authorities with the required particulars for taking appropriate action.

3. With the above observation, this writ petition stands dismissed. No costs.

[P.N.P., J.] [R.H., J.] 23.08.2022 Index : Yes / No Internet : Yes / No pkn To:

1.The Principal Secretary, State of Tamilnadu, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Kanyakumari District at Nagercoil - 628 001.

4.The Assistant Director of Geology and Mining, 5.The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

P.N.PRAKASH , J.

and R.HEMALATHA , J.

pkn W.P.(MD) No.19150 of 2022 23.08.2022