Ragavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.16272 of 2023 Ragavan ... Petitioner Vs.

1.The District Collector Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, 3.The Assistant Director Mines and Minerals Department, Collectorate,

4.The Executive Engineer Public Works Department, (Water Resource Organization), Upper Vaigai Basin Division, 5.The Tahsildar Sivagiri Taluk, 6.Karthikeyan .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to cancel the permit / license issued to the sixth respondent for commercial quarrying sand in Chinna Avudayberi Kulam (Water Body) comprised in Survey No.201, Sivagiri Bit- II, 70.12.5 ha. situated at Sivagiri, Tenkasi District, based on the petitioner's representation dated 26.07.2023.

For Petitioner : Mr.S.Naveenkumar For Respondents : Mr.P.Thilak Kumar - for R1 to R5 Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.S.Naveenkumar, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 5.

2. On 14.08.2023, the Co-ordinate Bench of this Court passed the following order:

"This Court prima facie is unable to find any merits or bona fides in this litigation. It is admitted that the private respondent is doing a sand quarry with the permission from the District Collector. Therefore, the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees five lakhs only) before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, to the credit of this writ petition, to show his bona fides, before passing further orders."

3. The petitioner was given two weeks time. The amount is not deposited by the petitioner.

4. Today also, the amount is not deposited.

5. In the light of that, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.] 30.08.2023 Index : Yes / No RM

To 1.The District Collector Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, 3.The Assistant Director Mines and Minerals Department, Collectorate, 4.The Executive Engineer Public Works Department, (Water Resource Organization), Upper Vaigai Basin Division, 5.The Tahsildar Sivagiri Taluk,

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

RM 30.08.2023