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Madras High CourtWP(MD)/2300/2014closed

S. Murugesan, v. The Principal Secretary

2023-01-20Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) Nos.1 to 3 of 2014 S.Murugesan ... Petitioner /vs./ 1.The Principal Secretary to Government, Industries (MME2) Department, Secretariat, Chennai-9.

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

3.The District Collector, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli District, Tirunelveli.

5.The Inspector of Police, Valliyoor Police Station, 1/5

6.M/s.Chendhur Rocks ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in Letter No.10450/MME. 2/2013-1, dated 20.09.2013 and quash the same as illegal and arbitrary and consequently directing the 4th and 5th respondents not to interfere in the civil dispute on the basis of the complaint given by the petitioner dated 19.12.2013 regarding the very same property ad-measuring 0.91.0 Hec in Survey No. 828 and 1.53.0 Hec in S.No.830 of Kannanur Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.S.R.Anbarasu For R1 to R3 : Mr.A.Sivanu Pandian Government Advocate For R4 & R5 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For R6 : Mr.J.Lawrance

ORDER

The writ petition is seeking for a Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent in letter No. 10450/MME.2/2013-1, dated 20.09.2013 and quash the same as illegal and 2/5

arbitrary and consequently directing the respondents 4 and 5 not to interfere in the civil dispute, on the basis of the complaint given by the petitioner dated 19.12.2013 regarding the property in S.Nos.828 and 830 at Kannanur Village, 2.It is now stated by the learned counsels appearing on either side that the suit filed by the petitioner had been dismissed and that the respondents have also commenced its operation and that the petitioner had given an undertaking that he will not precipitate the matter any further.

3.In view of the subsequent events, no further adjudication is required to be made in this writ petition. The Writ Petition is accordingly closed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Speaking : Yes / No 20.01.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Principal Secretary to Government, Industries (MME2) Department, Secretariat, Chennai-9.

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

3.The District Collector, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli District, Tirunelveli.

5.The Inspector of Police, Valliyoor Police Station, 4/5

K.KUMARESH BABU, J.

mm 20.01.2023 5/5