The Madurai Bench of the Madras High Court held that a writ petition seeking cancellation of a quarry license was infructuous as the license had already been cancelled by the Collector vide proceedings dated 25.03.2017.
Petition closed as infructuous since the quarry license had already been cancelled by the Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2017
CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
WP(MD)No.2490 of 2017 and WMP(MD)No. 2094 of 2017
| U.Sudha ...Petitioner Vs. |
|---|
| 1.The District Collector, Collector's Office, Karur. |
| 2.The Director, Geology and Mines Department, Chennai. |
| 3.Deputy Director of Geology and Mines, Collectorate Complex, Tanthonimalai, Karur District. |
| 4.The State Level Environmental Impact Assessment Authority, Government of Tamil Nadu, Panagal Building, Ground Floor, Saidapet, Chennai – 600 015. |
| 5.R.Palanisamy ...Respondents |
| **PRAYER:**Writ Petition is filed under Article 226 of the |
| Constitution of India, for issuance of a Writ of Mandamus |
| directing the respondents 1 to 4 herein to cancel the licence granted in favour of the 5threspondent for quarrying operations in respect of the property comprised in Survey No.513, Kuppam, Aravakurichi Taluk, Karur District on the basis of petitioner's representation dated 31.01.2017. |
| For Petitioner : Mr.M.Bindran. |
| For Respondents : Mr.J.Gunaseelan Muthiah, |
| 1 to 4 Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ |
| For Respondent 5 : Mr.N.Shanmuga Selvam. |
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ORDER
This writ petition has been filed to direct the respondents 1 to 4 to cancel the licence granted in favour of the 5th respondent for quarrying operations in respect of the property comprised in Survey No.513, Kuppam, Aravakurichi Taluk, Karur District on the basis of petitioner's representation dated 31.01.2017.
2.Heard the learned counsel for the petitioner as well as the learned counsel for the 5th respondent and also the learned Government Advocate appearing for respondents 1 to 4.
3.The 1st respondent filed a detailed counter affidavit, wherein, in Para 7, it is averred as follows:
“......Thiru R.Palanisamy, the quarry lease granted to him had been cancelled vide this office Proceeding's in Rc.No.340/Mines/2017, dated 25.03.2017 and no quarrying work is made in the said quarry. In view of the above facts, the writ petition filed by the petitioner deserves no consideration and the same may be dismissed as infructuous as well as devoid of merits.”
4.Since, the license granted to the 5th respondent herein had already been cancelled, no further orders is required in this writ petition. Accordingly, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.
Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
To
https://hcservices.ecourts.gov.in/hcservices/ Karur District.
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4.The State Level Environmental Impact Assessment Authority, Government of Tamil Nadu, Panagal Building, Ground Floor, Saidapet, Chennai – 600 015.
+1cc to M/S. M.BINDRAN, Advocate, SR.No.64263. +1cc to Special Government Pleader, SR.No.64402.
WP(MD)No.2490 of 2017 and WMP(MD)No. 2094 of 2017 07.07.2017
gk/smn SDS/SKN:RSK/SAR 3/14.07.2017/3P/7C
U.Sudha
The District Collector
The Director, Geology and Mines Department
Deputy Director of Geology and Mines
The State Level Environmental Impact Assessment Authority
R.Palanisamy
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court