Dismissed

Sri Malaiyamman Manal v. the District Collector

Madras HC1 Mar 2019WP(MD)/3449/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the writ petition seeking a direction to permit the petitioner association to cart river sand using bullock carts. The court declined to pass any operative order, leaving permission to be granted on a case-by-case basis.

What did the court decide?

No specific relief granted; petition dismissed with the respondent left to grant permission on a case-to-case basis.

Sri Malaiyamman Manal Vs the District Collector — Writ and Judicial Review | Madras HC (2019)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019 CORAM:

¶3

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3449 of 2018 and W.M.P.(MD)Nos.3597 and 3598 of 2018

¶4

Sri Malaiyamman Manal Mattuvandi Urimaiyalarkal Sangam (Reg.No.68/2017) Rep. by its President A.Srinivasan, Punjai Thottakurichi, Manmangalam Taluk, Karur District. ... Petitioner Vs.

¶5

The District Collector, Karur District, Karur.

¶6

The Executive Engineer, Mines and Minerals, Public Works Department, Subramaniapuram, Trichy.

¶7

The Sub Divisional Officer, Mines and Minerals, Public Works Department, Kulithalai-639 104,

¶8

Karur District.

¶9

The Junior Engineer,

¶10

Mines and Minerals,

¶11

PWD, Water Resources Organization,

¶12

Mayanoor, Karur Taluk, Karur District. ... Respondents

¶13

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the petition No.2017/9005/14/991239/1130 dated 30.11.2017 generated on 02.12.2017 on the file of the first respondent and quash the same consequently directing the first respondent to permit the members of the petitioner sangam to cart river sand in river beds of Punjai Thottakuruchi Village, Karur District. For Petitioner : Mr.M.Saravanan For Respondents : Mr.R.Sethuraman Special Government Pleader

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

¶16

ORDER

¶17

Heard the learned counsel on either side.

¶18

2.The petitioner is an association whose members are owning

¶19

bullock carts. They filed an application before the first respondent seeking permission for carting the river sand. Such request was rejected citing the interim stay granted in W.P.(MD) No.15343 of 2017.

¶20

3.The petitioner's Counsel points out that the interim order granted in the said writ petition has since been vacated and that, therefore, the first respondent must revisit the issue.

¶21

4.I am of the view that this Court would not be justified in passing any omini bus order. It is true that Rule 6 of the Tamil Nadu Minor Minerals Concession Rules, 1959 enables the villagers to remove the sand for their domestic and agricultural purposes. For that purpose, bullock carts of-course would be utilized. But then, permission can be granted only on a case to case basis. Therefore, leaving it open to the first respondent to grant permission to the applicants on a case to case basis, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

¶22

sd/

¶23

Assistant Registrar(CO)

¶24

/True Copy/

¶25

Sub Assistant Registrar

¶26

¶27

The District Collector, Karur District,

¶28

Karur.

¶29

The Executive Engineer,

¶30

Mines and Minerals,

¶31

Public Works Department, Subramaniapuram,

¶32

Trichy.

¶33

The Sub Divisional Officer, Mines and Minerals, Public Works Department,

¶34

Kulithalai-639 104, Karur District.

¶35

https://hcservices.ecourts.gov.in/hcservices/

¶36

¶37

The Junior Engineer, Mines and Minerals, PWD, Water Resources Organization, Mayanoor, Karur Taluk, Karur District.

¶38

+1 CC to SPL GP ( SR-51356[F] dated 04/03/2019 )

¶39

+1 CC to Mr.M.SARAVANAN, Advocate ( SR-51404[F] dated 04/03/2019 )

¶40

W.P.(MD)No.3449 of 2018 and W.M.P.(MD)Nos.3597 and 3598 of 2018 01.03.2019

¶41

rmi MK (12.03.2019) 3P 7C

¶42

https://hcservices.ecourts.gov.in/hcservices/

Sri Malaiyamman Manal v. the District Collector

Case brief

What is this about?

What did the court decide?

Sri Malaiyamman Manal v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anna, S/O.P.S.Pandiyan, Vs Samivel (Died)

T.v.Viswanathan, Vs the Commissinoer

State Bank of India, Vs the Sub-Registrar

Ulagamuthu Vs the Inspector of Police

Icici Bank Staff Co-Operative Vs Government of India, Ministry

Abdul Subuthan Ahamed Kabeer Vs the Passport Officer