Madras High Court
S.Ramasubbu vs The District Collector on 20 May, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.10004 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.10004 of 2022
and
W.M.P(MD) No.7131 of 2022
S.Ramasubbu ... Petitioner
Vs.
1.The District Collector,
Tenkasi District,
Tenkasi.
2. The Revenue Divisional Officer,
Revenue Divisional Office,
Sankarankovil,
Tenkasi District.
3. The Tahsildar,
Thiruvenkadam Taluk,
Tenkasi District.
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W.P.(MD)No.10004 of 2022
4. The Assistant Director of Geology and Mining,
Department of Geology and Mining,
Tenkasi District,
Tenkasi.
5. The Village Administrative Officer,
Karisathan,
Thiruvenkadam Taluk,
Tenkasi District.
6. Karthikeyan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the third respondent to
take necessary action against the illegal sand mining in Survey
Nos.870/2, 870/3, 873/1B, 864 and 872/2C situated at Karisathan
Village, Thiruvenkadam Taluk, Tenkasi District by the 6th respondent, in
light of the action initiated by the second respondent in his proceedings
in Na.Ka.No.A3/1345/2021, dated 05.04.2022 and also by considering
the petitioner's representation dated 28.03.2022, within a stipulated time
as fixed by this Court.
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W.P.(MD)No.10004 of 2022
For Petitioner : Mr.S.Prasanth
For Respondents 1 to 5 : Mr.A.Kannan
Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to take necessary action against the alleged illegal sand mining in Survey Nos.870/2, 870/3, 873/1B, 864 and 872/2C situated at Karisathan Village, Thiruvenkadam Taluk, Tenkasi District, by the sixth respondent based on the petitioner's representation dated 28.03.2022 within the time frame to be fixed by this Court.
2. According to the petitioner, the sixth respondent is illegally mining in the aforementioned property. The petitioner is a neighbour to the sixth respondent. He has given a representation on 28.03.2022 requesting the third respondent to take action against the sixth respondent for the illegal sand mining done by him. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10004 of 2022
3. The learned Additional Government Pleader appearing for the official respondents, on instructions, would submit that the representation given by the petitioner has already been forwarded to the third respondent by the second respondent.
4. Since proceedings have already been initiated, no prejudice would be caused to any of the parties, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the sixth respondent, including granting them the right of personal hearing.
5. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 28.03.2022 seeking for taking action against the sixth respondent for the alleged illegal sand mining in Survey Nos.870/2, 870/3, 873/1B, 864 and 872/2C situated at Karisathan Village, Thiruvenkadam Taluk, Tenkasi District, within a period of 12 weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the sixth respondent, including granting them the right of personal hearing. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10004 of 2022
6.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
20.05.2022 Index : Yes / No Internet : Yes / No RM 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10004 of 2022 To
1.The District Collector, Tenkasi District, Tenkasi.
2. The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Tenkasi District.
3. The Tahsildar, Thiruvenkadam Taluk, Tenkasi District.
4. The Assistant Director of Geology and Mining, Department of Geology and Mining, Tenkasi District, Tenkasi.
5. The Village Administrative Officer, Karisathan, Thiruvenkadam Taluk, Tenkasi District.
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RM W.P.(MD)No.10004 of 2022 20.05.2022 7/7 https://www.mhc.tn.gov.in/judis