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Madras High CourtWP(MD)/25533/2018closed

K.Balamurugan, v. The District Collectior

2021-07-14Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and WMP(MD)Nos.23135 to 23137 of 2018 K.Balamurugan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Mines & Minerals, Mines and Minerals Department, District Collector Campus, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Sattur Taluk, Virudhunagar District.

5.The Superintendent of Police, O/o.the Superintendent of Police, Virudhunagar District, Virudhunagar.

6.The Inspector of Police, Irukkankudi Police Station, Irukkankudi, Virudhunagar District.

7.Dharmaraj 8.Solomon 9.Suresh 10.Selvi 11.Noorthammal 12.Mary ... Respondents 1/3

PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to forbear the 7th respondent from quarrying sand or any other mineral in Survey No.600 and 601/2 situated at M.Nagalapuram Village, Sattur Taluk, Virudhunagar District and the respondents 1 and 2 from granting any permit to quarry sand, soil or any other mineral to the respondents 8 to 12 in Survey Nos.602, 603 and 601/1D, situated at M.Nagalapuram Village, Sattur Taluk, Virudhunagar District and consequently to direct the respondents 1 to 6 to take appropriate action against the 7th respondent and other officials who have permitted the 7th respondent to quarry illegally within the time stipulated by this Court.

For Petitioner : Mr.M.Kannan For Respondents : Mr.P.Thilak Kumar (R1 to R6) Govt.Advocate

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to forbear the 7th respondent from quarrying sand or any other mineral in Survey No.600 and 601/2 situated at M.Nagalapuram Village, Sattur Taluk, Virudhunagar District and the respondents 1 and 2 from granting any permit to quarry sand, soil or any other mineral to the respondents 8 to 12 in Survey Nos.602, 603 and 601/1D, situated at M.Nagalapuram Village, Sattur Taluk, Virudhunagar District and consequently to direct the respondents 1 to 6 to take appropriate action against the 7th respondent and other officials who have permitted the 7th respondent to quarry illegally.

2. When the matter is taken up for hearing, Mr.P.Thilak Kumar, the learned Government Advocate appearing for the respondents 1 to 6, on instructions, would submit that the Tahsildar, Sattur, has sent a Letter in Rc.No.A3/4076/2018, dated 31.12.2018, addressed to the District Collector stating that she inspected the area on 29.12.2018 along with the concerned Firka Revenue Inspector and the Village Administrative Officer and from the field inspection, it reveals that the 7th respondent had removed earth from SF.Nos.600 & 601/2, as permitted by the 1st respondent, for 30 days from 27.11.2018 to 26.12.2018. The land has been converted into arable one. She has taken photos of the land, which show that the land is even, and without any deep trench, as alleged. Further, no application has been received sofar for permission to quarry earth in SF.Nos.601/D, 602 and 603.

3. At this juncture, the learned counsel appearing for the petitioner would submit that the submission of the learned 2/3

Government Advocate may be recorded and the Writ Petition may be closed.

4. Accordingly, recording the submission of the learned Government Advocate, this Writ Petition is closed, as no further order is necessary. No costs. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK Note:(i) 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 District,Virudhunagar.

2.The Assistant Director of Mines & Minerals, Mines and Minerals Department, District Collector Campus,Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Sattur Taluk,Virudhunagar District.

5.The Superintendent of Police, O/o.the Superintendent of Police, Virudhunagar District,Virudhunagar.

6.The Inspector of Police, Irukkankudi Police Station, Irukkankudi,Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-22695[F] dated 15/07/2021 ) 14.07.2021 MGJ(20.07.2021) 3P 8C 3/3