This writ petition sought a mandamus to prevent illegal sand quarrying. The court noted that the District Collector had issued valid permission for gravel extraction by one A.S.K.Sundaramoorthy. Finding that the permit was lawful and that necessary parties were not impleaded, the court dismissed the petition.
Writ petition dismissed with no costs.
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.
W.P.(MD)No.14596 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.10.2020
CORAM THE HON'BLE Mr. JUSTICE N.KIRUBAKARAN AND THE HON'BLE Mr. JUSTICE B.PUGALENDHI W.P.(MD)No.14596 of 2020 & W.M.P.(MD)No.12247 of 2020
Jesuraj, S/o.Vedhamuthu .. Petitioner
Vs.
1.The District Collector, Sivagangai District.
2.The Assistant Director, Department of Geology and Mines, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District. 4.The Tahsildar, Manamadurai Taluk, Sivagangai District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to prevent the illegal quarrying of sand at the lands situated in Pallamittan, Southsanthanur and Seyyangkottai Villages in Manamadurai Taluk, Sivagangai District.
For Petitioner : Mr.A.K.Manickam
For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader
ORDER
(Order of the Court was made by B.PUGALENDHI, J.)
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to prevent the illegal quarrying of sand at the lands situated at Pallamittan, Southsanthanur and Seyyangkottai Villages in Manamadurai Taluk, Sivagangai District. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.14596 of 2020
2.According to the learned counsel appearing for the petitioner, some persons purchased the lands at S.Nos.343, 347, 348, 349, 351 to 354, 369, 370, 371 and 372 and started quarrying operations illegally by using heavy machineries.
3.Mrs.J.Padmavathi Devi, learned Special Government Pleader who takes notice for respondents, produced a copy of the proceedings issued by the District Collector, and submitted that one A.S.K.Sundaramoorthy, S/o.Kayambu, has applied for permission for reclamation of agricultural land by removing and transporting excess gravel from S.F.Nos.348/6, 348/7, 348/8 and 348/9 in Southsanthanur Village, Manamadurai Taluk, Sivagangai District, over an extent of 1.22.0 Hectare, for a period of 55 days and the District Collector, Sivagangai District, after ascertaining the same, vide his proceedings in R.O.C.No.M2/777/2020, dated 06.10.2020, granted permission to the said A.S.K.Sundaramoorthy. Accordingly, a sum of Rs.3,29,373/- [Rupees Three Lakhs Twenty Nine Thousand Three Hundred and Seventy Three] was also remitted by the permit holder towards seigniorage fees for the quantity of 9981 cu.m. of gravel.
4.The said submission of the learned Special Government Pleader appearing for the respondents that one A.S.K.Sundaramoorthy has obtained due permission from the competent authority viz., the District Collector, Sivagangai District, for taking the gravel from the lands, is placed on record. Moreover, the Writ Petition has been filed without even arraying the said A.S.K.Sundaramoorthy and the other owners of the lands in question, as necessary parties.
5.Hence, we find that there is no merit in the Writ Petition and therefore, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
// True Copy //
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Note :- In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P.(MD)No.14596 of 2020
To
1.The District Collector, Sivagangai District.
2.The Assistant Director, Department of Geology and Mines, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District. 4.The Tahsildar, Manamadurai Taluk, Sivagangai District.
W.P.(MD)No.14596 of 2020
16.10.2020
CK(CO) NR (06/11/2020) 3P : 5C
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2 issues framed by the court
Whether the writ petition seeking to prevent illegal quarrying of sand should be allowed.
Whether the petitioner has arrayed all necessary parties, including the permit holder, before the court.
1 provisions across 1 enactments
Jesuraj, S/o.Vedhamuthu
The District Collector, Sivagangai District
The Assistant Director, Department of Geology and Mines, Sivagangai District
The Revenue Divisional Officer, Sivagangai
The Tahsildar, Manamadurai Taluk, Sivagangai District
N. KIRUBAKARAN
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
