N.Mohan Raj v. The Assistant Director Of Mines, Geology And Mining Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P(MD).No.19218 of 2024 N.Mohan Raj ... Petitioner Vs., 1.The Assistant Director of Mines, Geology and Mining Department, Karur District, Karur.

2.The Tahsildar, Pugalur Taluk, Karur District.

3.The Town Surveyor, Department of Survey, Karur.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to conduct a complete survey by making use of the modern techniques with the help of drones as well and to prepare a report with regard to the quantum of sand illegally quarried in Survey Nos.119/A1, 119/A3, 120/1, 120/2, 121/3A1, 121/3A3 and 121/3B, Pugalur Taluk, Karur District so as to proceed against the persons responsible in this regard as per law.

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For Petitioner : Mr.R.Anand For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed to direct the respondents to conduct a complete survey by making use of the modern techniques with the help of drones as well as to prepare a report with regard to the quantum of sand illegally quarried in Survey Nos.119/A1, 119/A3, 120/1, 120/2, 121/3A1, 121/3A3 and 121/3B, Pugalur Taluk, Karur District so as to proceed against the persons responsible in this regard as per law.

2. Heard both sides. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that when he was away from the subject property, some third party trespassed into his property and removed the soil, thereby causing great damage to his land. In this regard, he has also given a representation on 23.08.2024 to the respondents. However, no action has been taken so far. Hence, the petitioner is before this Court. 2/4

4. It is the further contention of the petitioner that at the time of surveying the petitioner's property, the presence of the earlier surveyor is required, so that the quantum of soil removed from the petitioner's land can be fixed exactly.

5. The learned Additional Government Pleader, on instructions, would submit that the representation of the petitioner would be considered and appropriate orders will be passed. It is also stated that with regard to the illegal quarrying made in the petitioner's land by some third party, joint inspection has already been made.

6. Be that as it may, the respondents are directed to use the modern techniques with the help of drone while surveying the petitioner's property and to assess the damage caused in the petitioner's property and take action in accordance with law.

7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.09.2024 NCC : Yes/No Index : Yes/No Rmk 3/4

N.SATHISH KUMAR , J.

Rmk To 1.The Assistant Director of Mines, Geology and Mining Department, Karur District, Karur.

2.The Tahsildar, Pugalur Taluk, Karur District.

3.The Town Surveyor, Department of Survey, Karur.

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