K.Venkatasaperumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Venkatesaperumal ... Petitioner vs.

1. The District Collector, Theni District, Theni.

2. The District Revenue Officer, Theni District, Theni.

3. The Revenue Divisional Officer, Theni District, Theni.

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

5. The Engineer, Environmental Protection Department, No.15/A, Poothipuram Road, Theni, Theni District.

6. The Director, Mines Minerals Department, Page No.1 of 6

7. The Forest Ranger, O/o.The Forest Ranger, Kandamanur Post, Andipatti Taluk,

8. The Tahsildar, Andipatty, 9.The Revenue Inspector, Rajathani, Andipatty Taluk,

10. The Village Administrative Officer, Balakombai Village, Andipatty Taluk,

11. Balamurugan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 10 to take necessary action to stop the illegal Brick Kilns activities carrying out by the 11th respondent and others at Balakombai Villag, Andipatty Taluk, Theni District, and take necessary action against the 11th respondent and others for the illegal brick kilns in the absence of license and permission from the appropriate authority based on the petitioner's representation dated 31.07.2023 within a stipulated period as may be prescribed by this Honourable Court.

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For Petitioner : Mr.B.Elankumaran For R1 to R3 & R5 to R10 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.P.Kottaichamy Government Advocate (Crl.Side) For R11 : Mr.P.Athimoola Pandian

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This writ petition has been filed for a Mandamus, directing the respondents 1 to 10 to take necessary action to stop the illegal Brick Kiln activities carrying out by the 11th respondent and others at Balakombai Villag, Andipatty Taluk, Theni District, and take necessary action against the 11th respondent and others for the illegal brick kiln without any license and permission from the appropriate authority, based on the petitioner's representation dated 31.07.2023, within a stipulated period as may be prescribed by this Court. 2.

Alleging that the 11th respondent is running a brick kiln in S.No.176/4B at Balakombai Village, Andipatti Taluk, Theni District, without any license or permission from the appropriate authority, the Page No.3 of 6

petitioner made a representation dated 31.07.2023 to the official respondents to take appropriate action and finding no heed to it was paid, he has filed the present writ petition. 3.

Heard both sides.

4.

Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

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5.

With the above direction, the Writ Petition stands disposed of. No costs.

(M.S.R, J.) (A.D.M.C, J.) 24.01.2025 bala To

1. The District Collector, Theni District, Theni.

2. The District Revenue Officer, Theni District, Theni.

3. The Revenue Divisional Officer, Theni District, Theni.

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

5. The Engineer, Environmental Protection Department, No.15/A, Poothipuram Road, Theni, Theni District.

6. The Director, Mines Minerals Department, Page No.5 of 6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala

7. The Forest Ranger, O/o.The Forest Ranger, Kandamanur Post, Andipatti Taluk,

8. The Tahsildar, Andipatty, 9.The Revenue Inspector, Rajathani, Andipatty Taluk,

10. The Village Administrative Officer, Balakombai Village, Andipatty Taluk, ORDER MADE IN DATED : 24.01.2025 Page No.6 of 6