Madras High Court
Aum Build Materials Pvt. Ltd vs The District Collector on 16 November, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2012
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
W.P.No.30573 of 2012
Aum Build Materials Pvt. Ltd.,
represented by its Director
K.N.Jawas,
No.145, Kannimar Road,
Sathyamangalam Road,
Ganapathi,
Coimbatore 641 006. .. Petitioner
Vs.
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Revenue Divisional Officer,
Coimbatore District,
Coimbatore. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents not to treat our products like quick cement plasters, Gray Cement Plasters, White Cement based wall patti etc., as illegal sand quarrying under the provisions of Rule 36(a)(ii) or T.N. Minor Mines & Mineral Rules 1956 and not to levy penalty thereon under the above said rule.
For Petitioner : Mr.I.Paul Noble Devakumar,
For respondents : Mr.N.Srinivasan,
Additional Government Pleader.
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O R D E R
This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents not to treat our products like quick cement plasters, Gray Cement Plasters, White Cement based wall patti etc., as illegal sand quarrying under the provisions of Rule 36(a)(ii) or T.N. Minor Mines & Mineral Rules 1956 and not to levy penalty thereon under the above said rule.
2. Mr.N.Srinivasan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal.
3. The mandamus as sought for cannot be granted on an apprehension which is expressed in a letter dated 22.8.2012 addressed to the District Collector. There is no cause of action for the petitioner to file the writ petition seeking mandamus as above.
4. Petitioner is however, given a liberty to give a proper representation to the first respondent District Collector and on receipt of the same the first respondent shall consider the same on merits and in accordance with law.
5. The writ petition is disposed of as above. No costs.
ts To
1.The District Collector, Coimbatore District, Coimbatore.
2.The Revenue Divisional Officer, Coimbatore District, Coimbatore