E.S.Muthumalai Vs the Principal Secretary to Government of Tamil Nadu

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second and third respondents to complete the enquiry based on the petitioner's representation dated 14.08.2020 and to cancel the license issued by the third respondent quarrying of earth in respect of S.Nos.296, 432 and 434/2 of Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District and initiate criminal action against the 6^th respondent.

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For Petitioner : Mr.N.Marimuthu For Respondents : Mr.D.Sasikumar (R1 to R5) Additional Government Pleader : Mr.S.Palanivelayutham (R6)

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ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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This Writ Petition has been filed seeking a direction to the second and third respondents to complete the enquiry based on the petitioner’s representation dated 14.08.2020 and to cancel the licence issued by the third respondent for quarrying of earth in respect of S.Nos.296, 432 and 434/2 of Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District, and to initiate criminal action against the sixth respondent.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13717 of 2020

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2.The main grievance of the petitioner is that, while obtaining the quarry licence, the sixth respondent forged the signature of a deceased person as if there was an agreement in respect of the cart track. Hence, the petitioner seeks action against the sixth respondent.

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3.Heard the learned counsel appearing on either side and perused the entire materials available on record.

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4.The proceedings of the District Collector, Tirunelveli, dated

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15.02.2021, clearly show that an agreement was produced by the sixth respondent while obtaining the quarrying licence, purportedly executed by one Subbammal. However, upon enquiry, it was found that the said landowner had died long prior

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to the execution of the alleged agreement. Nevertheless, the agreement had been produced as if the landowner herself had executed the same.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13717 of 2020

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5.In view of the above, the official respondents are directed to consider the representation of the petitioner dated 14.08.2020 and pass appropriate orders for initiating prosecution against the sixth respondent for producing false documents by committing forgery, by forwarding a necessary complaint to the concerned police. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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[N.S.K.,J.] [M.J.R.,J.] 04.03.2026 (2/2)

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13717 of 2020

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To