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Madras High CourtWP(MD)/14956/2014dismissed for nonprosecution

J. Shanthi v. Union Of India, Represented By

2023-02-03Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.(MD).No.14956 of 2014 and M.P.(MD).Nos.1 and 2 of 2014 J.Shanthi ... Petitioner Vs.

1.Union of India, represented by The Secretary, Ministry of Mines, 3rd Floor, A Wing, Shastri Bhavan, New Delhi 110001.

2.State of Tamilnadu represented by the Secretary, Home Department, Secretariat, Chennai - 600 009.

3.The Director General of Police, Police Head Quarters, Beach Road, Chennai - 4.

4.The District Collector, Virudhunagar District, 5.The Director of Mines Safety, Chennai Region, No.46 (old)/5(new), 2nd Street, Block 'AA', Anna Nagar, Chennai - 600 040.

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6.Assistant Director, Mines and Minerals Department, District Collector Office Campus, 7.The Superintendent of Police, Virudhunagar District, 8.The Inspector of Police, Sethur Outpost Police Station, Rajapalayam Taluk, Virudhunagar District.

9.C.Kulandaivelu 10.V.Samuthiram 11.Central Bureau of Investigation, Represented by its Joint Director, Shasthri Bhavan, Chennai - 600 006.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, a) directing the 8th Respondent to get the F.I.R. registered on the basis of the representation sent by the petitioner dated 06.08.2014 for defrauding and cheating the Government and the poor scheduled Caste women belonging to "Mahalir Self Help Group VIII - Nakkaneri" which was registered on 29.08.2008, by way of depriving the group of the two huge stone mines allotted on 5 years lease to the group by the Government on 11.06.2010 and 31.05.2011 and thus causing a very great damage to the Government social welfare scheme which aims to liberate and alleviate the deprived communities from their poverty. b) directing the 8th respondent to hand over the case after registering the F.I.R to the 11th respondent and extend full cooperation to the CBI, the 11th respondent and 2/5

direct the 11th respondent to investigate the case in the light of the law and complete the investigation. c) directing the 2nd and 4th respondents to take possession of the stone mines from Mr.Kulandaivelu and hand over the same to the legal holder of the stone mines namely "Mahalir Self Help Group VIII - Nakkaneri", the petitioner's Self Help Group. For Petitioner : No Appearance For R-1, R-5, R-11: Mr.S.Ragaventhre For R-2 to R-4, : Mr.R.Meenakshi Sundaram, R-6 to R-8 Additional Public Prosecutor.

For R-9 & R-10 : Mr.A.Saravanan

ORDER

There was no representation for the petitioner when the matter was called on 12.01.2023. Even today, the case is posted under the caption "for dismissal" and there is no representation for the petitioner. Hence, the Writ Petition is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The Secretary, Union of India, Ministry of Mines, 3rd Floor, A Wing, Shastri Bhavan, New Delhi 110001.

2.The Secretary, State of Tamilnadu, Home Department, Secretariat, Chennai - 600 009.

3.The Director General of Police, Police Head Quarters, Beach Road, Chennai - 4.

4.The District Collector, Virudhunagar District, Virudhunagar.

5.The Director of Mines Safety, Chennai Region, No.46 (old)/5(new), 2nd Street, Block 'AA', Anna Nagar, Chennai - 600 040.

6.Assistant Director, Mines and Minerals Department, District Collector Office Campus, 7.The Superintendent of Police, Virudhunagar District, Virudhunagar.

8.The Inspector of Police, Sethur Outpost Police Station, Rajapalayam Taluk, Virudhunagar District.

9.Joint Director, Central Bureau of Investigation, Shasthri Bhavan, Chennai - 600 006.

10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

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