A.Vins Anto, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.21919 of 2018 A.Vins Anto ... Petitioner -vs1.The District Collector Kanyakumari District Nagercoil 2.The Assistant Director of Geology & Mines The Collectorate Campus Nagercoil, Kanyakumari District 3.The Revenue Divisional Officer Padmanabapuram, Thukkalay Kanyakumari District 4.The Tahsildar Vilavancode Taluk Kanyakumari District 5.M.Charles 6.P.Jeyakumar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to grant permission in any private land only on following the procedure as prescribed under law and after considering environmental impact and further to take necessary action for the violation of the condition of the permission for removal of shifting of sand.

For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.David Ganesan for R5 No appearance for R6

O R D E R

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Prayer in this writ petition is to direct the respondents 1 to 4 to grant permission for removal of sand in any private land only on following the procedure as prescribed under law and after considering environmental impact and to take necessary action for the violation of the condition of the permission for removal of shifting of sand.

2. According to the petitioner, the respondents 5 and 6 had obtained permission from the first respondent to remove the sand from their

own land for the purpose of construction activities and shift it to the some other land belonging to them. However, contrary to such permission obtained, they sold the sand in the open market, which requires necessary action to be taken by the authority concerned. Ventilating the same, the petitioner has given a representation dated 23.11.2018 to the official respondents. However, no action was taken on the petitioner's representation. Hence, this writ petition.

3. Learned Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that if the allegations of the petitioner are genuine, the authority concerned will take necessary action against the persons concerned.

4. In view of the above submissions and taking into consideration the facts and circumstances of the case, we direct the first respondent to take necessary action in accordance with law, after providing due opportunity to the parties concerned, if there is any violation of the conditions of the permission granted for shifting of sand and the allegations of the petitioner are found to be genuine.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., A.C.J.] [R.V., J.] 26.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Geology & Mines, The Collectorate Campus, Nagercoil Kanyakumari District.

3.The Revenue Divisional Officer, Padmanabapuram, Thukkalay, Kanyakumari District.

4.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

D.KRISHNAKUMAR , A.C.J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.21919 of 2018 26.07.2024