A.Thangavel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.17018 of 2017 A.Thangavel ... Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director, Department of Mines and Geology, Collectorate, Trichy.

3.S.Anbazhagan 4.Palanisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent No.1 to cancel the stone quarry lease agreement executed in favour of the 3rd respondent in S.No.223/1 situated at Uttathur Vilalge, Lalgudi Taluk, Trichy district and for the further direction to the respondents to remove the waste stones dumping in the agricultural lands in and around the stone quarry within the time framed by 1/5

this Court by considering the representation dated 21.10.2017.

For Petitioner : Mr.A.Robinson For Respondent : Mr.A.Baskaran, Nos.1 & 2 Additional Govt.Pleader

ORDER

The petitioner a farmer, having a land in S.No.223/1 has filed this writ petition in the year 2017 with a grievance that due to the quarry of the respondents 3 and 4, situated adjacent to the petitioner's above land, the petitioner's crops are affected and the waste materials to an extent of 50 tones are dumped into his land.

2.The learned Counsel for the petitioner has relied on the report of the Advocate Commissioner in support of his contention.

3.The quarry operators are not before this Court.

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4.The learned Additional Government Pleader on instructions submits that as on date there is no quarry operation near to the petitioner's above land. 5.Since the petitioner alleges that the respondents 3 and 4 have dumped the waste materials into his agricultural land, the respondents 1 and 2 shall cause an inspection in the disputed place within a period of one week from the date of receipt of a copy of this order and if it is found so, shall take necessary steps to remove the same and also initiate action for the violation of the mining plan as against the persons concerned.

6.With the above direction, this writ petition is allowed. No costs. Consequently connected miscellaneous petitions is closed.

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To 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director, Department of Mines and Geology, Collectorate, Trichy.

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B.PUGALENDHI, J.

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