Seenivasan V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP.(MD).No.18790 of 2023 Seenivasan V ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Ramanathapuram District.

4.The Thasildar, Kamuthi Taluk, Ramanathapuram District.

5. Ganesan B ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents no.1 to 4 to take legal action against the illegal quarry of Gravel conducted by the 5th respondent by removing Gravel and sand from the petitioners agriculture land comprised in Survey Nos. 243/1A, 244/2A6, 244/5B and 245/7B, situated in Neeravi Village in excess of permissible limits granted in the lease of quarry on the basis of the petitioners representation dated 17.07.2023 within the time frame to be fixed by this Court.

For Petitioner : Mr.B.Muneeswaran For R1 to R4 : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The case of the petitioner is that the fifth respondent is conducting a quarry in the petitioner's agricultural land. Therefore, he has lodged a complaint before the official respondents. Since they have not acted upon it, the petitioner is before this Court with this writ petition.

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2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents 1 to 4, by referring the report of the Assistant Director, Mines and Minerals Department, Ramanathapuram in Na.Ka.No./G&M/224/2023, dated 24.07.2023 submits that based on the petitioner's complaint field inspection has been conducted and a recommendation has also been forwarded to the concerned authority for taking necessary action under the Mines and Minerals (Development and Regulation) Act, 1957. 3.Recording the submission of the learned Additional Government Pleader that necessary action has already been taken on the petitioner's complaint, this writ petition is closed with a direction to the Sub Collector, Paramakudi to take action as per the report submitted by the Assistant Director, Department of Geology and Mining, Ramanathapuram in Na.Ka.No./G&M/224/2023, dated 3/6

24.07.2023, after affording opportunity to the fifth respondent within a reasonable time. No costs.

03.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes vrn 4/6

To 1.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

2.The Head Surveyor, Keelakottai Survey Division, Thirumangalam Tahsildar Office, Madurai District.

3.The Village Administrative Officer, Keelakottai Village, Thirumangalam Taluk, Madurai District.

4.The Superintendent of Police, Madurai District.

5.The Sub Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam, Madurai District.

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B.PUGALENDHI, J.

vrn Order made in WP.(MD).No.18790 of 2023 03.08.2023 6/6