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Madras High CourtWP(MD)/17006/2018dismissed

Balasubramani, v. The Commissioner,

2023-04-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Balasubramani ... Petitioner Vs 1.The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.

2.The District Collector, Karur, Karur District.

3.The Assistant Director, Department of Geology and Mining, Karur, Karur District.

4.The Revenue Divisional Officer, Karur, Karur District.

5.The Tahsildar, Manmangalam, Taluk, Karur District.

6.A.Somasundaram 7.Saminathan 8.Kalandhi 9.K.Vivekananthan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing 1/4

4th respondent to pass an order of recovery of the penalty amount as per Rule 36 of the Mines and Minerals Act against the respondents 6 to 9 by illegal quarry operations form the petitioner's land situated in Survey Nos.131 and 132 at Punjaipugalur Village, Manmangalam Taluk, Karur District based on the proceedings of the 3rd respondent dated 18.04.2018.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr. J.K.Jayaseelan, Nos.1 to 5 Government Advocate For Respondent : Mr.S.Mahesh Babu Nos.6 to 8 For Respondent : Mr.K.Govindarajan No.9

ORDER

This writ petition is filed for a writ of mandamus directing the 4th respondent to pass an order of recovery of penalty amount as per Rule 36 of the Mines and Minerals (Development and Regulations) Act, 1957.

2.Pending this writ petition, 4th respondent / the Revenue Divisional Officer, Karur has passed orders in Ni.Mu.Ka.Na.Ma.A1/4557/2016, dated 23.07.2018. 2/4

3.It is seen from records that the petitioner has subsequently challenged the above order of the Revenue Divisional Officer before this Court in WP(MD)No.11392 of 2019.

4.In view of the subsequent developments, this writ petition is dismissed as infructuous. No costs. 28.04.2023 Internet : Yes / No dsk To 1.The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.

2.The District Collector, Karur, Karur District.

3.The Assistant Director, Department of Geology and Mining, Karur, Karur District.

4.The Revenue Divisional Officer, Karur, Karur District.

5.The Tahsildar, Manmangalam, Taluk, Karur District.

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B.PUGALENDHI, J.

dsk 28.04.2023 4/4