Madras High CourtWP(MD)/19865/2017dismissed

P.Selvam, S/O.K.Paul Raj, v. Government Of Tamil Nadu,

2024-02-26Honourable The Chief Justice,Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.ILANGOVAN and WMP(MD) No.16142 of 2017 P.Selvam ... Petitioner Vs

1. Government of Tamil Nadu,, Rep. by Principal Secretary, Department of Geology and Mining, Secretariat, Fort St, George, Chennai..

2. The Commissioner of Geology and Mining, Department of Geology and Mining, Thiru. V.Ka.Industries Estate, Guindy, Chennai - 600 032..

3. The Assistant Directorate of Geology and Mining, O/o.Assistant Directorate of Geology and Mining, Theni District Theni..

4. The District Collector, O/o. District Collector, Theni District, Theni..

5.Paul Pandi 6.Natranjan, ... Respondents 1/5

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct Respondent Nos. 3 and 4 to forbear the respondent No.5 and 6 from removing of sand in survey Nos.309/2 and 271/5 in extent of 2.250 and 0.25.00 hectares in Periyar Odai (Jungle Street) in Thevaram Village, Theni Dist within the time stipulated by this Court.

For Petitioner : M/s.S.Rajasekar for M/s.Lajapathi Roy Associates For Respondent : Mr.N.Satheeshkumar for R1 to R4 Additional Government Pleader Mr.R.Manickam for R6 Mr.N.Thamimul Ansari

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 4 and the learned counsel for the respondents 5 and 6, who are removing the sand from S.No.309/2 and 271/5 in Periyar Odai, Thevaram Village.

2. The learned counsel submits that this Court had directed the respondent authorities to file a status report.

3. We have heard the learned Additional Government Pleader. 2/5

4. A status report has been filed by the third respondent. As per the said status report, it is stated that a joint inspection was conducted by the Tahsildar, Uthammapalayam, Zonal Deputy Tahsildar, Cumbum, Revenue Inspector (Mines) and Village Administrative Officer, Thevaram on 20.09.2022. During the inspection, it is found that S.No. 309/2 was a flat and no illegal quarrying activity was noticed. S.No. 271/5 is a old pit. The office records of the Assistant Director of Geology and Mining, Theni, were perused and ascertained that the permission was granted to S.Kumaresan, S/o.Sankar Pillai to remove 900 cbm or 300 units of soil in S.No.271/5, which is not fit for agricultural purpose for a period of 15 days. The petitioner was also directed to appear, but he did not remain present on 20.09.2022.

5. In view of the status report, no case is made out. The writ petition is dismissed. However, there shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. [S.V.G., CJ.] [G.I., J.] 26.02.2024 NCC :

Yes/No Index :

Yes/No RR 3/5

1. Government of Tamil Nadu,, Rep. by Principal Secretary, Department of Geology and Mining, Secretariat, Fort St, George, Chennai..

2. The Commissioner of Geology, And Mining, Department of Geology and Mining, Thiru. V.Ka.Industries Estate, Guindy, Chennai - 600 032..

3. The Assistant Directorate Of, Geology and Mining, O/o.Assistant Directorate of Geology and Mining, Theni District Theni..

4. The District Collector, O/o. District Collector, Theni District Theni..

4/5

THE HON'BLE THE CHIEF JUSTICE and G.ILANGOVAN, J.

RR W.P.(MD)No.19865 of 2017 26.02.2024 5/5