1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8370 of 2011 Ramasamy ... Petitioner -Vs- 1. The Revenue Divisional Officer Aranthangi Pudukkottai District 2. The Thasildar Avudaiyarkoil Taluk Pudukkottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to consider my representation, dated 17.06.2011 to permit me to level and even the surface of the land measuring about 30 cents, comprised in Survey No.1/8, situated at Palanthamarai Village, Avudaiyar Koil Taluk, Pudukkottai District, by excavating the soil by 1 1/2 feet depth and to transport the waste to his nearby land. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.B.Pugalenthi Special Government Pleader O R D E R Claiming himself to be the owner of the land to an extent of 30 cents comprised in Survey No. 1/8, situated at Palanthamarai Village, Avudaiyar Koil Taluk, Pudukkottai District, under sale deed and that, the petitioner requires sand and soil for developing his agricultural lands, he has stated to have made a representation, on 17.06.2011, to the Thasildar, Pudukkottai District, the second respondent herein, under Rule 17 of the Tamilnadu Minor Mineral Concession Rules 1959, which reads that: "17. Quarrying by the owner - A registered holder may quarry free of charge any minor mineral on a small scale for his own use for a specific bonafide domestic or agricultural purpose, provided that he has no intention of continuing quarrying operations indefinitely and provided further that the land is not in any way rendered less fit for cultivation than before." 2. As the representation, dated 17.06.2011, is said to have been pending on the file of the second respondent, the petitioner has sought for a Mandamus directing the second respondent to consider the same. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the limited relief, Mr.B.Pugalenthi, learned Special Government Pleader, was put on notice and heard. He submitted that if the representation, dated 17.06.2011, has been acknowledged, appropriate orders would be passed. He prayed for sufficient time. 4. Heard the learned Special Government Pleader and perused the materials available on record. 5. Without expressing any opinion as to whether the petitioner is entitled to excavate the soil or remove sand in terms of Rule 17 of the Tamilnadu Minor Mineral Concession Rules 1959, stated supra, there shall be a direction to the second respondent to consider the representation, dtaed 17.06.2011, if acknowledged, within a period of three weeks from the date of receipt of a copy of this order. 6. With the above said directions, this Writ Petition is disposed of. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Revenue Divisional Officer Aranthangi Pudukkottai District 2. The Thasildar Avudaiyarkoil Taluk Pudukkottai District + 1 cc to The Special Government Pleader, SR No.25220 W.P.(MD).No.8370 of 2011 28.07.2011 vsg RJ/29.7.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/