K.Somasundaram vs The District Collector
2023 Latest Caselaw 14042 Mad

                                                                              W.P.(MD)No.12484 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 19.10.2023

                                                     CO RAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                            W.P.(MD)No.12484 of 2021
                                                      and
                                            W.M.P.(MD)No.9778 of 2021

                    K.Somasundaram                                                     ... Petitioner

                                                           -vs-

                    1.The District Collector,
                      Dindigul District, Dindigul.

                    2.The Assistant Director of Mines and Minerals,
                      Mines and Minerals Department,
                      District Collectorate Complex, Dindigul - 5.

                    3.The Revenue Divisional Officer,
                      District Collectorate Complex,
                      Dindigul - 5.

                    4.The Tahsildar,
                      Dindigul Taluk, Dindigul District.

                    5.Jeyaraman, S/o.Late.Rathinam Pillai                      ... Respondents

                    PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                    to issue a Writ    of Mandamus, forbearing the respondents 1 to 4 from
                    granting quarry licence to the fifth respondent with regard to the joint family

                    1/5


https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD)No.12484 of 2021

                    properties of the petitioner's lands in Survey Nos.264, 267 and 268/1, situated
                    in Kambiliayampatti Village, Dindigul Taluk, Dindigul District, based on the
                    petitioner's representation, dated 01.07.2021.


                                    For Petitioner    :     Mr.P.Manikandan

                                    For R1 to R4      :     Mr.R.Ragavendran
                                                            Government Advocate

                                    For R5            :     Mr.H.Mohammed Imran
                                                            for M/s.Ajmal Associates

                                                          ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus,

forbearing the respondents 1 to 4 from granting quarry licence to the fifth

respondent on the ground that the property in question is a joint family

property.

2. When the matter was taken up for hearing today, it was brought to

the notice of this Court that the suit that was filed by the petitioner in O.S.No.

53 of 2010, before the Principal Subordinate Court, Dindigul, seeking for the

relief of partition, was dismissed by judgment and decree, dated 18.11.2022.

A copy of the same was also produced before this Court.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.12484 of 2021

3. The learned Government Advocate appearing on behalf of the

official respondents based on the counter affidavit filed by the fourth

respondent submitted that permission was granted for quarrying of stone only

based on the documents that were submitted by the fifth respondent.

4. In the light of the above development, the relief sought for by the

petitioner cannot be granted by this Court and accordingly, this Writ Petition

stands dismissed. No costs. Consequently, connected Miscellaneous Petition

is closed.

                    NCC           : Yes/No                                            19.10.2023
                    Index         : Yes/No
                    smn2

                    To

                    1.The District Collector,
                      Dindigul District, Dindigul.

2.The Assistant Director of Mines and Minerals, Mines and Minerals Department, District Collectorate Complex, Dindigul - 5.

3.The Revenue Divisional Officer, District Collectorate Complex, Dindigul - 5.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.12484 of 2021

4.The Tahsildar, Dindigul Taluk, Dindigul District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.12484 of 2021

N.ANAND VENKATESH, J.

smn2

W.P.(MD)No.12484 of 2021 and W.M.P.(MD)No.9778 of 2021

19.10.2023

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