Petitioner sought a writ directing respondents to stop unsafe mining and restore encroached land. Court dismissed the petition as infructuous because the mining license held by the third respondent had expired.
Writ petition dismissed as infructuous. Connected miscellaneous petition closed.
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W.P.(MD) No.24161 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2024
CORAM:
THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.24161 of 2018 and W.M.P.(MD)No.21854 of 2018
K.Senthil Kumar ... Petitioner
-Vs-
1.The District Collector, O/o. The District Collectorate Office, Dindigul, Dindigul District.
2.The Assistants Director Mines & Geology, Dindigul, Dindigul District.
3.J.Sheik Abdulla ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to forbear the 3rd respondent from carrying out mining operation in an unsafe manner and to restore the lands including pathway encroached by the 3rd respondent within the period that may be stipulated by this Court.
For Petitioner : Mr.M.Natarajan
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W.P.(MD) No.24161 of 2018
For R1 & R2 : Mr.P.Thilakkumar, Government Pleader For R3 : No Appearance
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]
The learned Government Pleader appearing for the official respondents would submit that the license granted to the 3rd respondent is now expired. Therefore, the prayer sought for by the petitioner has become infructuous. Hence, he seeks indulgence of this Court to dismiss this Writ Petition.
2.The aforesaid submission is not disputed by the learned counsel for the petitioner.
3.In view of the above, the prayer sought for by the petitioner at this juncture cannot be granted. Therefore, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., A.C.J.] & [R.V., J.] 26.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
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W.P.(MD) No.24161 of 2018
To
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W.P.(MD) No.24161 of 2018
D.KRISHNAKUMAR, A.C.J.
AND
R.VIJAYAKUMAR , J.
Yuva
W.P.(MD)No.24161 of 2018
26.07.2024
Page 4 of 4
K. Senthil Kumar
The District Collector, O/o. The District Collectorate Office, Dindigul
The Assistants Director Mines & Geology, Dindigul
J. Sheik Abdulla
D. Krishna Kumar
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
