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Madras High CourtWP(MD)/21354/2018dismissed with cost

Sekar, S/O. Duraipandi, v. The District Collector,

2024-02-28Honourable The Chief Justice,Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE P.DHANABAL Sekar ... Petitioner v.

1. The District Collector,, Sivagangai District, Sivagangai..

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai..

3. The Tahsildar,, Ilayangudi, Sivagangai District.

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

5. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

6. S.Anbarasan

7. Muthukumar ... Respondents 1/5

PRAYER :-Writ Petition is filed under Article226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 1 to 2 to take appropriate action and impose penalty under the Mines and Mineral Act against the 6th and 7th respondents regarding illegally taking sand in Karaikulam Kanmai at Karaikulam village, Indangulam post, Pudur via, Ilayangudi TK., Sivagangai Dt., and consider Petitioners representation dated 26.09.2018.

For Petitioner : No appearance For Respondent : Mr.P.Thilakkumar for R1 to R3 Government Pleader Mr.S.Veeranasamy for R6 and R7 Mr.S.S.Madhavan for R4&R5 Government Advocate (Crl. side)

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] None appears for the petitioner.

2.The present writ petition seeks direction against the respondents 1 and 2 to take appropriate action and impose penalty under Tamil Nadu Minor Mineral Concession Rules, 1959 against respondents 6 and 7 regarding illegally taking sand in Karaikulam Kanmai at Karaikulam village, Indangulam post, Pudur via, Ilayangudi TK., Sivagangai District. 2/5

3. The learned counsel for the respondents 6 and 7 and the learned Government Pleader submit that the same petitioner had filed one writ petition bearing W.P.No.19767 of 2018 for the same relief and the said writ petition is disposed of by recording that there is no quarrying of sand, either at the instance of the respondents 6 and 7 or others in the area in question, is carried out. The said order is passed on 04.12.2018 in W.P.(MD) No.19767 of 2018.

4. The present writ petition ought not to have filed in view of the order passed in the earlier writ petition.

5. The writ petition is dismissed with costs. [S.V.G., CJ.] [P.D.B., J.] 28.02.2024 NCC :

Yes/No Index :

Yes/No RR 3/5

TO

1. The District Collector,, Sivagangai District, Sivagangai..

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai..

3. The Tahsildar,, Ilayangudi, Sivagangai District.

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

5. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

4/5

THE HON'BLE THE CHIEF JUSTICE and P.DHANABAL, J.

RR W.P.(MD)No.21354 of 2018 28.02.2024 5/5