Madras High Court
S.Padma vs The District Collector on 30 January, 2020
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.27532 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 30.01.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No.27532 of 2019
S.Padma ... Petitioner
Vs
1.The District Collector,
District Collector Office,
Krishnagiri -635 115
2.The District Environmental Engineer,
Tamilnadu Pollution Control Board,
140a, First Floor, Tharka,
Sipcot Industrial Complex,
Hosur-635 126
3.The Assistant Director (Mines)
Department of Geology and Mining,
Krishnagiri
4.M.Seenappa ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the respondents 1 and 3 to
take action against the 4th respondent by considering my representation dated
13.02.2019.
For Petitioner : M/s.R. Jayaprakash
For Respondents : Mr.R.Govindasamy
Additional Government Pleader
1
http://www.judis.nic.in
W.P.No.27532 of 2019
ORDER
A status report has been filed today by Mr.R.Govindasamy Special Government Pleader in which it has been very specifically stated as follows:
"Tmt.C.Padma W/o. Chowdappa, residing at A.Settipalli- Village Shoolagiri Taluk, Krishnagiri District filed a writ petition seeking for a writ of mandamus or order or direction directing respondents to take action against the Thiru.Seenappa S/o. Munisamy, Korakurukki-Village, A.Settipalli-PO.Shoolagiri Taluk, by considering the respresentation dated 13.02.2019 and for consequential orders.
2) The petitioner had submitted the representation dated 13.02.2019 stating that , the agricultural lands bearing S.F.121/1B, 84/3E, 84/3F situated at A.Settipalli Village, Shoolagiri Taluk, are belongs to her and due to illness out of station for a period of six months Thiru.M.Seenappa, S/o.
Munisamy had damaged the coconut trees and other belongings in the said lands and the said person is misutilizing the lands for illicit transportation of filter sand to Karnataka state and requested to take necessary action.
3) The copy of the petition has been forwarded to the Inspector of Police, Shoolagiri, Tahsildar, Shoolagiri for necessary action and to send the report. This office Assistant Geologist and Surveyor(mines) has been instructed to inspect the subject lands and to submit the report.
4) The Tahsildar, Shoolagiri in her report Lr.Rc.No.06/2020/A2 Dated 03.01.2020 stated that the said punjaj lands in A.Setipalli Village, Shoolagiri Taluk are in the name of 2 http://www.judis.nic.in W.P.No.27532 of 2019 teh following pattadars.
Sl. Patta S.F.No Extent in Classification Name of the
No Nos. hects pattadars
1. 548 84/3E 0.01.50 Punjai lands-a round well along 1.Kempagowdu
with 5hp electric motor S/o. Chinnappa
2.Munisamy @
Pappaiyaa S/o.
Chinnappa
3.Chowdappa S/o.
Nanjundappa
2. 920 84/3F, 0.12.0 Punjai lands with 16 coconut 1.Padma W/o.
121/1B 0.35.0 trees Santhoshkumar
2. Santhoshkumar
3.Saritha, 4.
Swapna,
5.Nagamma.
5) The Tahsildar Shoolagiri along with the statement of the Village Administrative Officer of A.Settipalli and the Revenue Inspector, Shoolagiri has reported that during inspection there is no evidence of filter sand proparation in the said lands.
6) The Assistant Geologist, O/o. Assistant Director, Geology & Mining, Krishnagiri in his inspection report stated that in the subject lands there is no filter sand preparation at the time of inspection and also reported that the lands are suitably prepared for agricultural cropping.
7) As requested by the petitioner in the dated 13.02.2019 petition, suitable action has been initiated to inspect and to find out the petitioners lands in order 3 http://www.judis.nic.in W.P.No.27532 of 2019 to probe any illicit quarrying is going on. Based on the inspection reports received from the Tahsildar, Shoolagiri, The Assistant Geologist O/o. Assistant Director, Geology & Mining, Krishnagiri, it is revealed that no evidence of filter sand preparation in the said lands."
2.The Report is comprehensive in nature and has addressed the grievances of the petitioner.
3. Therefore, the Writ Petition is disposed of, with the observation that, if the petitioner has any further grievances, a fresh representation may be given to the Tahsildar, Shoolagiri. On receipt of the same, the Tahsildar, Shoolagiri shall pass orders on merits and in accordance with law.
4.With the above observation the Writ Petition stands diposed of. No costs.
30.01.2020 vsn Index:Yes/No Internet:Yes/No Speaking/Non-Speaking 4 http://www.judis.nic.in W.P.No.27532 of 2019 To
1.The District Collector, District Collector Office, Krishnagiri -635 115
2.The District Environmental Engineer, Tamilnadu Pollution Control Board, 140a, First Floor, Tharka, Sipcot Industrial Complex, Hosur-635 126
3.The Assistant Director (Mines) Department of Geology and Mining, Krishnagiri 5 http://www.judis.nic.in W.P.No.27532 of 2019 C.V.KARTHIKEYAN,J.
vsn W.P.No.27532 of 2019 30.01.2020 6 http://www.judis.nic.in