Madras High CourtWP(MD)/21133/2019allowed

V.Kannappan v. The District Collector

2021-03-26Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.21133 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21133 of 2019 and W.M.P.(MD)Nos.17776 & 17778 of 2019 V.Kannappan ... Petitioner Vs.

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Additional Director of Mining, Collectorate Campus, Virudhunagar District.

3. Ramaraja ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to prevent the illegal quarrying of river sand by the third respondent in Survey Nos.968/7A, 968/7B, 968/7C, 968/6C and 968/6, Salvarpatti Villge, Sattur Taluk, Sethuramanlingapuram, Virudhunagar District.

For Petitioner : Mr.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associates.

For R-1 & R-2 : Mr.S.Angappan, Government Advocate.

For R-3 : No appearance.

O R D E R

Heard the learned Senior counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 and 2.

2. Though the name of the third respondent is printed in the cause list, there is no appearance on his behalf.

3. The prayer made in the writ petition is for preventing the third respondent from quarrying river sand in the petition mentioned survey numbers. It is well known that private quarrying https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.21133 OF 2019 of river sand is prohibited. The State has monopoly. Since the third respondent is not present before this Court, I am not in a position to render any adverse finding against the third respondent.

4. Be that as it may it is the duty of respondents 1 and 2 to ensure that there is no quarrying of river sand by the third respondent.

5. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Additional Director of Mining, Collectorate Campus, Virudhunagar District.

+2 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-14210[F] dated 29/03/2021 ) +1 CC to M/s.SPL GP ( SR-14080[F] dated 29/03/2021 ) W.P.(MD)No.21133 of 2019 26.03.2021 ES(CO) AS(13.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2