Madras High CourtWP(MD)/8106/2013closed

Indowind Energy Ltd., v. The District Collector

2016-12-01Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.12.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.8106 of 2013 and M.P.(MD).No.1 of 2013 INDOWIND ENERGY LTD REP. BY ITS COMPANY SECRETARY, S.DIRAVIAM.

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Petitioner -Vs1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE REVENUE DIVISIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE ASSISTANT DIRECTOR (MINES) COLLECTOR OFFICE CAMPUS, 4 THE TAHSILDAR THOVALAI TALUK, 5 THE SUPERINTENDENT OF POLICE, 6 THE INSPECTOR OF POLICE ARALVAIMOZHI, THOVALAI TALUK, 7 MUTHUKUMAR . . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying this court to issue a writ of mandamus directing the Respondents to take action upon the petitioner's telegraphic representation dated 03.05.2013 to prevent the illegal and unauthorized mining of sand around the Wind Energy Generators in Survey Nos.2, 3, 4 , 7, 8, 12, 3/1, 7, 7/3, 6, 9, 8/1, 13, 32, 26/2A, 26/3, 27, 25, 2A, 33, 32/1, 34, 21, & 33/2 in Aralvaimozhi Village, Thovalai Taluk, Kanyakumari District.

For petitioner : Mr. S.R. Anbarasu For respondents : Mr. R. Anandharaj for RR1 to 6, Government Advocate : Mr. N.S. Ramakrishna Doss for R7

ORDER

The writ petition has been filed for a direction, directing the respondents to make action upon the petitioner's telegraphic representation dated 03.05.2013 to prevent the illegal and unauthorized mining of sand around the Wind Energy Generation in Survey Nos.2, 3, 4 , 7, 8, 12, 3/1, 7, 7/3, 6, 9, 8/1, 13, 32, 26/2A, 26/3, 27, 25, 2A, 33, 32/1, 34, 21, & 33/2 in Aralvaimozhi Village, Thovalai Taluk, Kanyakumari District. 2.According to the petitioner, the seventh respondent is illegally conducting sand quarrying operations in Aralvoimozhi Village, Thovalai Taluk, Kanyakumari District, where the wind mills are put up by the petitioner.

3.The learned counsel appearing for the seventh respondent submitted that the seventh respondent has already stopped quarrying operations and there are no quarry operations from the year 2013 itself.

4.Recording the above submission, the writ petition is closed. In the event of conducting any illegal quarry operation, it is open to the petitioner to express his grievance by way of making a representation to the authorities concerned. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE REVENUE DIVISIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE ASSISTANT DIRECTOR (MINES) COLLECTOR OFFICE CAMPUS,

4 THE TAHSILDAR THOVALAI TALUK, 5 THE SUPERINTENDENT OF POLICE, 6 THE INSPECTOR OF POLICE ARALVAIMOZHI, THOVALAI TALUK, +1cc to Special Government Pleader in SR No 78979. vs ms/rr/me/20.01.2017/3p.8c W.P.(md).NO.8106 of 2013 01.12.2016