S.Kalipulla v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.21466 of 2025 S.Kalipulla ... Petitioner vs.

1. The District Collector, Office of the District Collector, Pudukkottai District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Illuppur, Pudukkottai District.

3. Balaji

4. Manjunath ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus or any other Writ or Direction or Order in the nature Writ, directing the Respondent No.1 to expeditiously complete the proceedings and pass appropriate orders based on the appeal dated 02.04.2025 preferred by the Petitioner as against the executive order passed by the Respondent No.2 in Na.Ka.E-3089319/2025/A1 dated 19.03.2025 in accordance with law within the time stipulated by this Court. 1/6

For Petitioner :.Dr.R.Alagumani For R1 and R2 : Mr.S.Shanmugavel Additional Government Pleader For R3 & R4 : Mr.M.Rajarajan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to complete the proceedings and pass appropriate orders based on the appeal dated 02.04.2025 preferred by the Petitioner as against the executive order passed by the 2nd respondent dated 19.03.2025.

2. The contention of the petitioner is that the 3rd and 4th respondents are license holder for quarrying in Survey Nos.99/16C, 99/17, 99/18C, 99/19C, 99/20C and 99/21C in Kannagudi village. But the 3rd and 4th respondents apart from the above is carrying on mining operation in S.Nos.99/18A and 99/18B which is not prescribed place. Also carrying on the mining operation is 96/3 which is government land. The petitioner's land is in S.Nos.19/5C and 19/5D in Keelaiyur village, Kulathur Taluk, Pudukkottai District.

3. The petitioner's apprehension is that the respondents 3 and 4 are doing quarry operation in their land in S.Nos.19/5C and 19/5D. But the respondents categorically submitted that in earlier writ petition that the same 2/6

issue was raised by the petitioner and this Court has held the petitioner is under apprehension and illusion that his land is being quarried which is incorrect and false statement. Based on the petitioner's repeated representations the official respondents very promptly were acting and taking action against the 3rd and 4th respondents.

4. Based on the petitioner's representation / complaint the official respondents have initiated action. After conducting inquiry, the official respondents have imposed penalty on the respondents 3 and 4 vide order dated 19.05.2025. Any appeal can be preferred if the person is aggrieved against the said order. But in the present case, the petitioner has preferred an appeal. The really aggrieved person in the penalty order is the respondents 3 & 4 and not the petitioner. It is stated that the respondents 3 & 4 are taking steps to prepare an appeal. Therefore, the present writ petition is the most frivolous litigation.

5. The official respondents cannot function at the instigation of the petitioner. If such tendency and attitude is allowed, the official respondents cannot function without free and fair mind. The petitioner is really interfering in the official duty of the respondents.

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6. The learned Government Advocate (criminal side) appearing for the Police Department submitted that the petitioner is having an attitude to send several petitions to the Police Department. On each and every petition the respondents are taking action. But most of the petition seems to be frivolous. And in fact, the official respondents are taking action against respondents 3 and 4 and promptly imposing penalty wherever there is violation of condition or illegal mining. Therefore, the petitioner's interference is not necessary for the official respondents.

7. Therefore, this writ petition is liable to be dismissed with costs. Accordingly, the petitioner is directed to pay a sum of Rs.50,000/ [Rupees Fifty Thousand Only] to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche, within a period of one week from the date of receipt of a copy of the order.

8. With these observations, this writ petition stands dismissed with costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6

To:

1. The District Collector, Office of the District Collector, Pudukkottai District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Illuppur, Pudukkottai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.21466 of 2025 DATED :06.08.2025 6/6