Petitioner challenged an order initiating action for illegal quarrying, alleging others were the actual culprits. Court noted no penalty was imposed on the petitioner in the underlying proceedings, declaring the writ petition closed without adjudication on merits.
Writ petition and connected miscellaneous petition closed without 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.11392 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.11392 of 2019 and W.M.P.(MD)No.8677 of 2019
Balasubramani
... Petitioner
versus
Karur District.
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the 3rd
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W.P.(MD)No.11392 of 2019
respondent herein in his proceedings in Ne.Mu.Ka.Na.Ka. A1/4557/2016 dated 23.07.2018 and quash the same.
For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.P.T.Thiraviam, Government Advocate
ORDER
The officials have detected some illegal quarrying operation in Survey Nos.131 and 132 situated at Punjaipukulur Village, Karur and intended to initiate appropriate action under the Tamil Nadu Minerals Concessions Rules. As against the initial report of the Revenue Divisional Officer, Karur, dated 23.07.2018, the petitioner has filed this writ petition claiming that he is the owner of the property and the respondents are attempting to fix the liability against him for the illegal quarry conducted by the third parties.
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W.P.(MD)No.11392 of 2019
respondent submits that the Revenue Divisional Officer, Karur, by proceedings No.Na.Ka.A1/4557/2016, dated 03.06.2023, concluded the proceedings and fixed the responsibility as against one Shanthi, W/o.Subburathinam, one Thangavel, S/o.Karuppannagounder and one Somasundaram, by imposing penalty under Rule 36A of the Tamil Nadu Minor Mineral Concession Rules.
08.06.2023
ogy NCC : Yes / No. Index : Yes / No. Internet: Yes / No.
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W.P.(MD)No.11392 of 2019
To
B.PUGALENDHI, J.
ogy
Karur District.
W.P.(MD)No.11392 of 2019
08.06.2023
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1 issue framed by the court
Whether the writ petition was maintainable given that no penalty was imposed on the petitioner in the impugned proceedings.
2 provisions across 2 enactments
Balasubramani
District Collector, Karur
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
