Madras High CourtWP(MD)/801/2011disposed of

L.Balasubramani, v. The District Collector,

2017-08-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.801 of 2011 and M.P(MD)No.1 and 2 of 2011 L.Balasubramani ... Petitioner Vs.

1.The District Collector Dindigul District.

2.The Assistant Director of Geology and Mining, Dindigul District.

3.V.Muthuramalinga Boss ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.07.2010 and to stop the crusher and quarrying operation at Survey No.182/4 of Veeralapatti Village, Oddanchatram Taluk, Dindigul.

For Petitioner : Mr.T.Jeen Joseph For Respondents : Mr.M.Alagathevan - R1 & R2 Special Government Pleader : Mr.B. Saravanan - R3 ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to consider the petitioner's representation dated 10.07.2010 and to stop the crusher and quarrying operation at Survey No.182/4 of Veeralapatti Village, Oddanchatram Taluk, Dindigul.

2. Heard the learned Counsel on either side.

3. It is seen that the petitioner had submitted a representation dated 10.07.2010 to the respondents to stop the crusher and quarrying operations at Survey No.182/4 of Veeralapatti Village, Oddanchatram Taluk, Dindigul and pursuant to the inaction on the part of the respondents, the petitioner was https://hcservices.ecourts.gov.in/hcservices/

constrained to file the writ petition in the year 2011. Therefore, this Court is of the view that, now much water would have flown after a lapse of seven years and it is not known as to whether the relief sought for in this writ petition still subsists or not.

4. Under such circumstances, this writ petition is disposed of, permitting the petitioner to approach the authority concerned with a fresh representation in case of prevalence of the same facts and circumstances of the earlier representation dated 10.07.2010, within a period of two weeks from the date of receipt of a copy of this order and on such representation being filed, the same shall be considered and appropriate orders passed thereon, on its own merits and in accordance with law, within a period of six weeks thereafter, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

1.The District Collector Dindigul District.

2.The Assistant Director of Geology and Mining, Dindigul District.

+1cc to Mr.T.JEEN JOSEPH,Advocate,SR. 75612 W.P(MD)No.801 of 2011 31.08.2017 RM/AR KK/SKN RSK/SAR 1/08.09.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/