Madras High CourtWP(MD)/25204/2023disposed of

Baskaran. T v. The District Collector

2024-03-14Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.25204 of 2023 T.Baskaran ... Petitioner Vs.

1.The District Collector, District Collector Office, 2.The Assistant Director, Tamil Nadu Mines and Minerals, District Collector Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Opposite LIC Office, 4.The Superintendent of Police, Sivagangai Police Station, 5.The Inspector of Police, Sivagangai Taluk Police Station, 1/6

6.The Sub Inspector of Police, Mathagupatti Police Station, Sivagangai Taluk & District.

7.The Tahsildar, Tahsildar Taluk Office, 8.Murugan 9.Muthu 10.Sethuraman 11.Ramakrishnan 12.Kamalahasan 13.Arunmozhi 14.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Official Respondents to initiate action as against Private Respondents 8 to 14 and concern responsible officials for doing illegal Mining Activities in SF.No.1/4 and SF.No.247 water body Aathappan Enthal in the light of the judgments in WP (MD) No.14341 of 2022, WP (MD) No.19936 of 2017, G.O.Ms.No.62/Home Prohibition and Excise (XVI) Department dated 01.10.2018, G.O.Ms.No.170 Industries (MMC2) Department dated 05.08.2020.

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For Petitioner :Mr.K.Balasundaram Senior Counsel for M/s.KBS Law Office For Respondents :Mr.R.Baskaran Additional Advocate General assisted by Mr.V.Nirmal Kumar Government Advocate for R1, R2, R3 & R7 : Mr.A.Albert James Government Advocate (crl.side) for R4, R5 & R6 : Mr.Ajmal Khan Senior Counsel for M/s.Ajmal Associates for R8

ORDER

Heard the learned senior counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents 1, 2, 3 & 7 and the learned Government Advocate (crl.side) appearing for the respondents 4, 5 & 6.

2. The petitioner wants action to be initiated for illegal mining activities. Our attention is drawn to the communication dated 31.07.2023 sent by the District Collector, Sivagangai to the Revenue Divisional Officer, Sivagangai. In this regard, it is stated that Crime No.225 of 2023 was registered on the file of the Mathagupatti Police Station for the offences under Sections 379 of IPC & 21(4) of MMDR Act.

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3. We direct the fifth respondent to conduct investigation and file final report as expeditiously as possible. The Writ Petition is disposed of. No costs.

[G.R.S., J.] [B.P., J.] 14.03.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, District Collector Office, 2.The Assistant Director, Tamil Nadu Mines and Minerals, District Collector Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Opposite LIC Office, 4.The Superintendent of Police, Sivagangai Police Station, 4/6

5.The Inspector of Police, Sivagangai Taluk Police Station, 6.The Sub Inspector of Police, Mathagupatti Police Station, Sivagangai Taluk & District.

7.The Tahsildar, Tahsildar Taluk Office, 5/6

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.25204 of 2023 14.03.2024 6/6