Madras High CourtWP(MD)/12009/2013dismissed as infructuous

M.Rathinasamy, v. The District Collector,

2015-09-01Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.12009 of 2013 M.Rathinasamy ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Deputy Director, Geology and Mining, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4.The Executive Engineer, Public Works Department, Kundaru Basin Division, Thallakulam, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus forbearing the respondents from forming Katcha road towards Survey Nos.46 and 48.3 of Esalimadai Village Kariapatti Taluk, Virudhunagar District and consequently direct the respondents not to take sand in Survey Nos.46 and 48.3 of Esalimadai Village, Kariapatti Taluk, Virudhunagar District. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.N.Manoharan Special Govt. Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a Writ of Mandamus, forbearing the respondents from forming Katcha road towards Survey Nos.46 and 48.3 of Esalimadai Village, Kariapatti Taluk, https://hcservices.ecourts.gov.in/hcservices/

Virudhunagar District and consequently direct the respondents not to take sand in the said Survey Numbers.

2. Mr.N.Manoharan, learned Special Government Pleader, appearing for the respondents submitted that the sand quarry, as mentioned in the said Survey Numbers, has been closed. 3.In view of the submission made by the learned Special Government Pleader, this Writ petition is dismissed, as cause of action does not survive. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar mj To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Deputy Director, Geology and Mining, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4.The Executive Engineer, Public Works Department, Kundaru Basin Division, Thallakulam, Madurai.

+1CC to Mr.C.M.Arumugam Advocate Sr.No.50470 +1CC to Mr.M.Subah Babu Advocate Sr.No.51129 +1CC to Spl.Government Pleader Sr.No.51326 GJM/AN/MP/21.9.15-2P-8C W.P.(MD)No.12009 of 2013 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/