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Murugesan.T v. The District Collector

Madras HC30 Jan 2026WP(MD)/30013/2023

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; WP(MD) No.30013 of 2023; WMP(MD) No.25898 of 2023; Murugesan.T v. District Collector Kanyakumari and others; writ of mandamus; Article 226; soil/excess soil removal permission; Geology and Mines Department; order No. 455/Pumasu/2016 dated 19.11.2023; short-term permission expired 18.02.2024; no excavation outside permitted area; permit stopped law and order; representation dated 02.12.2023; writ petition closed no further orders; no costs; Justice Krishnan Ramasamy; decided 30.01.2026.

What did the court decide?

Writ petition closed as no further orders required to be passed; no costs; connected Miscellaneous Petition (WMP(MD) No.25898 of 2023) also closed. ¶30

Murugesan.T Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition closed as no further orders required to be passed; no costs; connected Miscellaneous Petition (WMP(MD) No.25898 of 2023) also closed.

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Issue for consideration

Whether respondents 1 to 4 should be directed (via mandamus) to take suitable action against the 5th respondent for committing violation of the terms and conditions imposed in the 1st respondent's order No. 455/Pumasu/2016 dated 19.11.2023, by cancelling the existing permission granted in favour of the 5th respondent, based on the petitioner's representation dated 02.12.2023.

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Court's answer

Recording the Additional Government Pleader's submission that the short-term permission period (19.11.2023 to 18.02.2024) had come to an end and that, per the 2nd respondent's written instructions dated 30.01.2026, no excavation was noticed outside the permitted area and the permit was stopped to avoid a law and order problem, this Court closed the writ petition as no further orders were required to be passed, made it no costs, and closed the connected Miscellaneous Petition.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Krishnan Ramasamy, J. — Writ petition under Article 226 seeking a writ of mandamus directing respondents 1 to 4 (District Collector, Assistant Director Geology and Mines, Revenue Divisional Officer, Tahsildar — Kanyakumari) to take suitable action against the 5th respondent (Britto Santhakumar .S) for violation of the terms and conditions of the 1st respondent's order No. 455/Pumasu/2016 dated 19.11.2023, by cancelling the existing permission granted to him, based on the petitioner's representation dated 02.12.2023. At hearing, the Additional Government Pleader submitted that the three-month short-term permission for removing excess soil (19.11.2023 to 18.02.2024) had expired, and that per the 2nd respondent's written instructions dated 30.01.2026 no excavation was noticed outside the permitted area and the permit was stopped, with no further permits issued, to avoid a law and order problem. Recording this, the Court closed the writ petition as no further orders were required, with no costs, and closed the connected Miscellaneous Petition WMP(MD) No.25898 of 2023.

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WP(MD). No.30013 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 30/01/2026

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CORAM

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The Hon`ble Mr.Justice KRISHNAN RAMASAMY

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WP(MD). No.30013 of 2023 and WMP(MD) No.25898 of 2023

Murugesan.T

... Petitioner

The District Collector, Kanyakumari District, Nagercoil..

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The Assistant Director, Geology and Mines Department, Nagercoil, Kanyakumari District..

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The Revenue Divisional Officer, Panmanabapuram Division, Kanyakumari District..

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The Tahsildar, Kalkulam Taluk, Kanyakumari District..

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Britto Santhakumar .S, S/o.Santhappan, 5/83, Nearby R.C. Church, Puliyurkurichi, Thakkalai, Kanyakumari District.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the

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1/4

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

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WP(MD). No.30013 of 2023

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respondents 1 to 4 to take suitable action against the 5^th respondent for committing violation to the terms and condition imposed in the order of the 1st respondent vide order No. 455/Pumasu/2016 dated 19.11.2023 by cancelling the existing permission granted in favour of the 5^th respondent based on the representation dated 02.12.2023 forthwith.

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For Petitioner : Mr.S.Murugapandi For Respondents : Ms.K.Malathi for R1 to R4 Additional Government Pleader Mr.M.Gnanagurunathan for R5

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ORDER

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This writ petition has been filed for a mandamus directing the respondents 1 to 4 to take suitable action against the 5 th respondent for committing violation to the terms and condition imposed in the order of the 1 st respondent vide order No. 455/Pumasu/2016 dated 19.11.2023 by cancelling the existing permission granted in favour of the 5 th respondent based on the representation dated 02.12.2023 forthwith.

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2. When the matter was taken up for hearing, the learned Additional Government Pleader would submit that the short term permission for a period of three months for removing the excess soil granted through proceedings dated 19.11.2023 from 19.11.2023 to 18.02.2024 has come to an end. By referring to the written instructions

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2/4

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

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WP(MD). No.30013 of 2023

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of the 2

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of the 2 nd respondent dated 30.01.2026, the learned counsel would submit

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that no excavation noticed outside the permitted area and in order to avoid law and order problem the permit was stopped and no further permits were issued.

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3. Recording the said submission, the writ petition is closed as no further orders are required to be passed. No costs. Consequently connected Miscellaneous Petition is closed.

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30.01.2026

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NCC : Yes/No Index : Yes/No RR To

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