Madras High CourtWP(MD)/28175/2022disposed of

S.Paulmony v. The District Collector

2023-09-26Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.22245 of 2022 S.Paulmony ... Petitioner v.

1.The District Collector, Kanyakumari District, Nagercoil - 629 001.

2.The Assistant Director, Geology and Mining, Collectorate, Nagercoil, 3.The Tahsildar, Kalkulam Taluk, Kanyakumari Disrict.

4.Raja Gnana Thilak, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of mandamus directing the respondents 1 to 3 to 1/4

forbear the 4th respondent from quarrying rocks and red sand in Survey No.810 /12 situated at Thickanagcode Village, Kalkulam Taluk, For Petitioners : Mr.L.George Paul Anto For Respondent : Ms.D.Farjana Ghousia Nos.1 to 3 Special Government Pleader For Respondent : Mr.S.Xavier Rjini No.4

ORDER

The petitioner an adjacent land owner is having grievance as against the 4th respondent that he is conducting illegal quarry, has submitted a representation dated 27.10.2022 and filed this writ petition for a writ of mandamus directing the respondent Nos. 1 to 3 to forbear the respondent No.44 from conducting illegal quarry in S.No.810/12. 2.The learned Counsel for the petitioner submits that the 4th respondent, who has obtained permission under the guise of constructing house, has conducted illegal quarry to an extent of 1. 5 acres. 2/4

3.The learned Counsel for the 4th respondent seeks a short accommodation.

4.Considering the relief sought for in this writ petition, this writ petition is disposed with a direction to the 2nd respondent to conduct enquiry based on the petitioner's representation dated 27.10.2022 and take appropriate action in accordance with law. Let this exercise be done within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed. Index :

Yes / No 26.09.2023 NCC :

Yes / No dsk To 1.The District Collector, Kanyakumari District, Nagercoil - 629 001.

2.The Assistant Director, Geology and Mining, Collectorate, Nagercoil, 3.The Tahsildar, Kalkulam Taluk, Kanyakumari Disrict.

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B.PUGALENDHI, J.

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