PUBLIC INTEREST LITIGATION filed to stop quarrying on specific land. Petitioner absent at hearing; Third Respondent alleged allegations were false, supported by petitioner's affidavit. Writ Petition dismissed for non-prosecution.
No relief; writ petition dismissed for non-prosecution.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P.[MD].No.6579 of 2013 and M.P.(MD).Nos.1 and 2 of 2013
Karuppiah
.. Petitioner
Vs.
1.The District Collector, Thanujavur District, Thanjavur.
2.The Revenue Divisional officer, Pattukottai, Thanjavur District.
3.The Tahsildar, Peravoorani Taluk, Thanjavur District.
4.The Superintending Engineer, Water Resources (Agniaru), Keelkaveri Basin, Thanjavur District. 5.The Executive Engineer, Agniaru Basin Division, Pattukottai, Thanjavur District. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from quarrying the land in Survey No.105, at Madakulam Village, Peravoorani Taluk, Thanjavur District.
For Petitioner : No appearance For respondents 1 to 5 : Mr.T.R.Janarthanam, Additional Government Pleader
2
O R D E R
[ Order of the Court was made by S.NAGAMUTHU, J.]
The petitioner has filed this Public Interest Litigation to forbear the respondents from quarrying the land in Survey No.105, Madakulam Village, Peravoorani Taluk, Thanjavur District.
2.When the matter was taken up for hearing today, there was no representation for the petitioner. The third respondent, viz., the Tahsildar, Peravurani Taluk, Thanjavur District has filed a report, wherein he has stated that all the allegations are false and that the petitioner has also filed an affidavit admitting the same.
3.Having regard to all the above, this Writ Petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are also dismissed. sd/Assistant Registrar(Records) /True copy/ Sub Assistant Registrar
To
1.The District Collector, Thanujavur District, Thanjavur.
2.The Revenue Divisional officer, Pattukottai, Thanjavur District.
3.The Tahsildar, Peravoorani Taluk, Thanjavur District.
4.The Superintending Engineer, Water Resources (Agniaru), Keelkaveri Basin, Thanjavur District.
5.The Executive Engineer, Agniaru Basin Division, Pattukottai, Thanjavur District. Gcg CSL/PV/09.11.2016: 2P/6C W.P.[MD].No.6579 of 2013 24.10.2016
2 issues framed by the court
Whether the writ petition to forbear quarrying operations should be allowed given the petitioner's non-appearance and false allegations.
Whether the writ petition should proceed despite the lack of petitioner's representation.
1 provisions across 1 enactments
Karuppiah
District Collector, Thanujavur District, Thanjavur
Revenue Divisional officer, Pattukottai, Thanjavur District
Tahsildar, Peravoorani Taluk, Thanjavur District
Superintending Engineer, Water Resources (Agniaru), Keelkaveri Basin, Thanjavur District
Executive Engineer, Agniaru Basin Division, Pattukottai, Thanjavur District
S.Nagamuthu
M.V.Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
