Madras High Court
S.Sureshkumar vs The District Collector on 1 October, 2021
W.P(MD) No.13338 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.10.2021
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.13338 of 2021
and
W.M.P.(MD)No.10319 of 2021
S.Sureshkumar ... Petitioner
-Vs-
1. The District Collector,
The District Collector Office,
Pudukottai District.
2. The Revenue Divisional Officer,
The Revenue Divisional Office,
Aranthangi, Pudukottai District.
3. The Thasilthar,
Aranthangi Taluk Office,
Aranthangi Taluk,
Pudukkottai District.
4. The Inspector of Police,
Aranthangi Police Station,
Aranthangi, Pudukkottai District.
5. The Sub Inspector of Police,
Nagudi Police Station,
Nagudi,Aranthangi Taluk,
Pudukkottai District.
6. Amuthavalli ... Respondents
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W.P(MD) No.13338 of 2021
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 3 to prevent
the illegal quarrying and bricks manufacturing by the 6th respondent in
survey number 251/6 of Eganivayal Village, Aranthangi Taluk,
Pudukkottai District.
For Petitioner : Mr.R.Paranjothi
For R1 to R5 : Mr.D.Ghandiraj
Government Advocate
For R6 : Mr.S.Rajamanickam
ORDER
The prayer sought for herein is for a Writ of Mandamus, directing
the respondents 1 to 3 to prevent the illegal quarrying and bricks
manufacturing by the 6th respondent in survey number 251/6 of
Eganivayal Village, Aranthangi Taluk, Pudukkottai District.
2.It is a claim of the petitioner that the property at Survey No.
251/6 with an extent of 21 cents of Nanja Land of Eganivayal Village,
Aranthangi Taluk, Pudukkottai District is an ancestral property of the
petitioner, for which, patta originally stood in the name of the
grandfather of the petitioner namely, Karuppan.
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W.P(MD) No.13338 of 2021
3.In this regard, a third party seems to have filed a civil suit in
O.S.No.82 of 1988 before the District Munsif Court, Aranthangi for the
relief of partition, in respect of the joint family property and the subject
property ie., Survey No.251/6 is also one of the items, which was sought
for partition. A Judgment and decree by the District Munsif Court,
Aranthangi was passed in the partition suit on 04.10.1993 and the
Judgment and decree was confirmed up to second appeal by this Court.
4.When that being so, according to the petitioner, on 31.03.2021,
the sixth respondent and her men dug the pit in the said property with the
help of JCB and though the petitioner made an attempt to prevent them,
there had been wordy quarrel arose between the parties. Resultantly, a
police complaint was given in this regard.
5.It is the grievance of the petitioner that, the sixth respondent,
without having any right over the property in Survey No.251/6 of
Eganivayal Village, Aranthangi Taluk, was involving in illegal quarrying
of brick earth and therefore, in order to prevent the same, the petitioner
had given some representations to the respondents on various dates in the
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W.P(MD) No.13338 of 2021
month of June, July, 2021. In order to consider such representations and
to prevent the sixth respondent from involving in illegal quarrying of the
said land, which, according to the petitioner, belongs to him, the
petitioner has moved this writ petition with the aforesaid prayer.
6.At the admission stage, Mr.D.Ghandiraj, learned Government
Advocate, had taken notice to get instructions from the respondents.
Accordingly, today, when the case is taken up for hearing, the learned
Government Advocate has produced a report submitted by the District
Collector concerned, who is the first respondent herein, dated 17.08.2021
where inter alia, the District Collector has stated the following:
“In this connection, the subject area was
jointly inspected by the Tahsildar, Aranthangi,
Assistant Geologist, Geology and Mining
Pudukkottai, Special Revenue Inspector (Mines)
and Revenue Inspector, Athani vide reference 2nd
cited and they have reported that the land in
S.F.No.251/6 is a dry patta land and stands in the
name of Thiru.Muthaiah, S/o.Chinathambi vide
patta No.420 as per village accounts. They have
further stated that brick earth has been removed
illicitly from the S.F.No.251/6 for the following
dimension.
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W.P(MD) No.13338 of 2021
S.F.No Average Average Average Volume of brick earth
Length Width Depth Removed (CBM)
(M) (M) (M)
Total 102 CBM or 11 Tipper Loads
4.They have further reported that a total
quantity of 102 cubic metre or 11 Tipper loads of
brick earth has been illegally removed in S.F.No.
251/6 of Eganivayal Village, Aranthangi Taluk,
Pudukkottai District.
5.In this connection, the Revenue Divisional
Officer, Aranthangi has been requested to take
action as per Section 21 (5) of Mines and Minerals
(Development and Regulation) Act, 1957.
In the circumstances stated above, it is
submitted that no permission was granted to
anyone for removal of brick earth from the patta
land in S.F.No.251/6 of Eganivayal Village,
Aranthangi Taluk, Pudukkottai District. It is
further submitted that the Revenue Divisional
Officer has been requested to take necessary action
against the pattadar for having indulged in illegal
removal of 102 cubic metre of brick from the land
in S.F.No.251/6. It is therefore requested that the
above facts may be appraised before the Hon'ble
Court and to defend the case.”
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W.P(MD) No.13338 of 2021
Relying upon this report, the learned Government Advocate would
submit that, since the illegal quarrying was taken place at the site
concerned by the sixth respondent, a direction has already been given to
the concerned official to take action against the sixth respondent, as there
was no quarrying permission was given to the sixth respondent.
7.Therefore, the learned Government Advocate would submit that,
as per the report referred to above, action would be taken against the
sixth respondent and in view of the same, the petitioner need not have
any further apprehension that illegal quarrying would be permitted to be
undertaken by the sixth respondent.
8.I have considered the said submission made by the learned
counsel for both sides and have perused the report of the District
Collector dated 17.08.2021.
9.As has been stated in the said report of the District Collector,
which has been quoted hereinabove, since effective steps have been
taken by the District Collector to conclude the issue of the sixth
respondent's illegal quarrying of the land concerned and action had
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W.P(MD) No.13338 of 2021
already been initiated against the sixth respondent or any other persons,
who are involving in illicit quarrying in the said land, this Court feels
that recording the same, this Writ Petition can be disposed of.
Accordingly, this Writ Petition is disposed of. However, there shall be
no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
01.10.2021
Index : Yes/No
SM
Note:
In view of the present lock down owing to COVID-19 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.
To
1. The District Collector,
The District Collector Office, Pudukottai District.
2. The Revenue Divisional Officer,
The Revenue Divisional Office,
Aranthangi, Pudukottai District.
3. The Thasilthar, Aranthangi Taluk Office,
Aranthangi Taluk, Pudukkottai District.
4. The Inspector of Police, Aranthangi Police Station,
Aranthangi, Pudukkottai District.
5. The Sub Inspector of Police,
Nagudi Police Station,
Nagudi, Aranthangi Taluk,
Pudukkottai District.
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W.P(MD) No.13338 of 2021
R.SURESH KUMAR, J.
SM
Order made in
W.P.(MD)No.13338 of 2021
Dated:
01.10.2021
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