S.Martin Patric v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.368 of 2020 S.Martin Patric ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Mines & Minerals, Collectorate, Nagercoil, Kanyakumari District. 3.The Tahsildar, Vilavancode Taluk, Vilavancode, Kanyakumari District.

4.T.Dennis

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to stop the illegal functioning of the brick kiln run by the 4th respondent in the ridge of Palayaru River more 1/4

particularly, in S.Nos.242/2A(P), 242/3(P) in Nalloor Village, Vilavancode Taluk, Kanyakumari District and to take appropriate action for illegal mining made by the 4th respondent in the Palayaru River.

For Petitioner : Mr.D.Vijay, for Mr.M.Saravanakumar For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.S.Anwar Sameem

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today (08.07.2025), when the matter is taken up for hearing, the learned counsel appearing for the 4th respondent has furnished a copy of the license issued by the Assistant Director of Geology and Mining, Kanyakumari District in favour of the 4th respondent for running brick kiln and the license is valid till 24.07.2027. 2.In view of the said fact that the 4th respondent is running brick kiln with license, the relief as such sought for in the present Writ Petition cannot be considered. However, if there is any nuisance or pollution or any norms are violated, the petitioner is at liberty to approach the competent authority. 2/4

3.With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 08.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Mines & Minerals, Collectorate, Nagercoil, Kanyakumari District. 3.The Tahsildar, Vilavancode Taluk, Vilavancode, Kanyakumari District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 08.07.2025 4/4