Vanmeekanathan.S.V v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.171 of 2023 S.V.Vanmeekanathan ... Petitioner vs.

1.The Director, Alandur Road, Guindy Industrial Estate, Guindy, Chennai - 32.

2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Industrial Estate, Guindy, Chennai - 32.

3.The Assistant Director, Sivagangai, 1/6

4.The District Collector, Sivagangai District, Sivagangai.

5.The District Revenue Officer, Sivagangai District, Sivagangai.

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

7.The Tahsildar, Devakottai Taluk, 8.M/s.KMC-JSR Infra Developers (JV), Represented by its Senior General Manager KattaVendateshwarlu, Kallangudi, Periakarai Post, Devakottai Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to forbear the 8th respondent from operating the sand quarry in Survey Nos.167/1 and 168/2B, Kallangudi Village, Devakottai Taluk, Sivagangai District and by considering the petitioner's representation, dated 27.06.2022 within the time stipulated by this Court. For Petitioner : Mr.S.Mohamed Suhail For RR 1 to 7 : Mr.A.Baskaran Additional Government Pleader 2/6

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to forbear the 8th respondent from operating the sand quarry in Survey Nos.167/1 and 168/2B, Kallangudi Village, Devakottai Taluk, Sivagangai District and by considering the petitioner's representation, dated 27.06.2022 within the time stipulated by this Court.

2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader taking notice for the respondents 1 to 7 produced the proceedings of the third respondent in RC.No.152/M1/2022, dated 10.06.2022 and submitted that the lease period granted to the eighth respondent to quarry the operation was expired on 11.08.2022 and as on today, quarry was not in process.

3.Recording the aforesaid proceeding, dated 10.06.2022 and the submission of the learned Additional Government Pleader, no further adjudication is required in this Writ Petition. If there is any illegal quarrying 3/6

or any violation of the lease agreement in the said survey numbers, liberty is granted to the petitioner to make an objection before the authority concerned for taking necessary action, if he is so advised. 4.With the above liberty, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] Index : Yes / No 05.01.2023 Internet : Yes ps To 1.The Director, Alandur Road, Guindy Industrial Estate, Guindy, Chennai - 32.

2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Industrial Estate, Guindy, Chennai - 32.

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3.The Assistant Director, Sivagangai, 4.The District Collector, Sivagangai District, Sivagangai.

5.The District Revenue Officer, Sivagangai District, Sivagangai.

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

7.The Tahsildar, Devakottai Taluk, 5/6

D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 05.01.2023 6/6