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Madras High CourtWP(MD)/18071/2023allowed

Sannappareddy v. The District Collector

2023-07-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sannappareddy ... Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Joint Director, Mines and Minerals, Trichy Collectorate Office Campus, Trichy.

3.The Revenue Divisional Officer, Trichy District, Trichy.

4.The Tahsildar, Manapparai, Trichy District.

5.The Village Administrative Officer, Pudukkottai Village, Manapparai Taluk, Trichy District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner to remove and transport the excavated well soil from his patta land in S.No. 58/5B2B situated at Pudukkottai Village, Manapparai Taluk, Trichy District to his patta land in S.no. 58/10, situated in Pudukkottai Village, Manapparai Taluk, Trichy District by considering the petitioner's representation dated 06.06.2023.

For Petitioner :Mr.R.Maheswaran For R1 to R3 :Mr.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has submitted a representation on 06.06.2023 seeking permission to transport the excavated Well soil from his patta land in S.No.58/5B2B, Pudukkottai Village, Manapparai Taluk,Trichy District to his adjacent land. Since the representation of the petitioner was not considered by the respondents so far, the petitioner is before this Court with this writ petition.

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2.The learned counsel appearing for the petitioner submits that the petitioner has dug a Well in his patta land long ago and the excavated soil is dumped in that land. Now the petitioner is constructing a house in his nearby land and in order to utilize the excavated Well soil, he made a representation to the respondents. 3.Considering the fact that the petitioner has already dug a Well in his patta land and he is intended to utilize the excavated Well soil for the purpose of constructing a house in his adjacent land, this writ petition is disposed of with a direction to the concerned Assistant Director, Geology and Mining Department to consider the petitioner's representation in accordance with the Tamil Nadu Minor Mineral Concession Rules, 1959, within a period of four weeks from the date of receipt of a copy of this order. No costs. 27.07.2023 NCC : Yes / No.

Index : Yes / No.

Internet:Yes vrn 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The Joint Director, Mines and Minerals, Trichy Collectorate Office Campus, Trichy.

3.The Revenue Divisional Officer, Trichy District, Trichy.

4.The Tahsildar, Manapparai, Trichy District.

5.The Village Administrative Officer, Pudukkottai Village, Manapparai Taluk, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in 27.07.2022 5/5