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Madras High CourtWP(MD)/8351/2016dismissed

V.Mayil Vahanan, v. The District Collector

2024-04-10Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.6756 of 2016 V.Mayil Vahanan ... Petitioner vs.

1.The District Collector, Ramanathapuram District, Collectorate, Ramanathapuram.

2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

5.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Ramanathapuram District.

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6.The Executive Engineer, Public Works Department/Water Resources Organization, Kundaru Basin Division, Tallakulam, Maduria District - 2.

7.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street, Geetha Mahal 1st Floor, Sivagangai - 630 561.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order in Na.Ka.316/G &M.1/ 2013 dated 03.10.2015 on the file of the respondent No.1 and quash the same as illegal and consequently directing the respondent Nos.1 and 2 to restrain respondent No.6 from taking sand in the Gundar River bed and quarrying beyond the licensed area allowed as per the mining lease issued by the Respondent No. in Survey Nos. 257/2 to the extent of 8.37.5 Hectare at A.Usilankulam Village, Kadaladi Taluk, Ramanathapuram District within the time stipulated by this Court.

For Petitioner : Mr.S.Rajasekar for Mr.T.Lajapathi Roy For Respondents : Mr.P.Thilak Kumar Government Pleader for R.1 to R.6 Ms.Vijayakumari Natarajan Standing Counsel for R.7 2/5

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this Writ Petition is against the order impugned, dated 03.10.2015, under which licence has been given for a period of one year, that licence period itself since is over, no further persuasive action is required in this Writ Petition, as the prayer sought for in this Writ Petition itself has become infructuous. 2.Recording the same, this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[R.S.K.,J.] [G.A.M.,J.] 10.04.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The District Collector, Ramanathapuram District, Collectorate, Ramanathapuram.

2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

5.The Assistant Director, Department of Geology and Mining, Collectorate Campus, Ramanathapuram District.

6.The Executive Engineer, Public Works Department/Water Resources Organization, Kundaru Basin Division, Tallakulam, Maduria District - 2.

7.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street, Geetha Mahal 1st Floor, Sivagangai - 630 561.

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R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 10.04.2024 5/5