1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)Nos.3380,3381,3382 and 3383 of 2011 and MP(MD)Nos.1,1,1 and 1 of 2011 R.K.Elangeswaran Balaji :Petitioner in W.P.No.3380/2011 A.M.Saravanan :Petitioner in W.P.No.3381/2011 R.Thandapani :Petitioner in W.P.No.3382/2011 Raman :Petitioner in W.P.No.3383/2011 -Vs- 1.The District Collector, Dindigul District, Dindigul. 2.The Revenue Divisional Officer, Kodaikanal, Dindigul District. 3.The Tahsildar, Kodaikanal, Dindigul District. 4.The Deputy Superintendent of Police, Kodaikanal, Dindigul District. 5.The District Forest Officer, Kodaikanal, Dindigul District.:Respondents in all petitions. Prayer:Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents herein from interfering with the petitioners' trade and business by using his own Hitachi bearing invoice Nos.107-13507, 107-13380; JCB having Registration No.AP- 03-R-1017 and Hitachi having invoice Nos.107-11902 and 107- 14710; JCB bearing Registration No.TN.21-AX-6138 and JCB having Registration No.TN.69-M-3928 respectively by shifting the same from Kodaikanal Hills. For petitioners : Mr.R.Devaraj For respondents : Mr.K.Balasubramanian Additional Government Pleader COMMON ORDER Since the issue involved in these Writ Petitions is one and the same, these Writ Petitions are taken up together and decided by a common order. 2.The learned counsel for the petitioners would contend that the petitioners have purchased Hitachi and JCB which are only used for the agricultural purpose. According to the petitioners, there was no complaint as regards using of Hitachi and JCB in the Kodaikanal hill area. But, strangely without any notice, the Collector has directed all the people to remove the Hitachi, JCB and Bokline. Aggrieved against the unilateral action, the petitioners have come forward with these present writ petitions for the above said relief. 3.Notice was ordered. The learned Additional Government Pleader brought to the notice of this Court that in view of https://hcservices.ecourts.gov.in/hcservices/ 2 prohibition to put up new construction in the hill area without the permission and also the topographical change, the Tamil Nadu Hill Area Conservation Authority has been formulated and there is a prohibition to change the topography of the area to stop the land slides and further, the lands cannot be altered as housing sites or even boring work cannot be conducted and all Government works also have been stopped pursuant to the formation of the Hill Area Conservation Authority. In fact, a meeting was conducted in which the petitioners' association also participated and presently the order dated 23.03.2011 in Na.Ka.No.489 of 2011 (Mines and Minerals) has been passed by the Collector prohibiting all kinds of works using the Hitachi, JCB and Bokline. Therefore, the petitioners cannot maintain the omnibus writ petitions without any basis. 3.Heard the learned counsel appearing on either side. 4.The only ground of attack of the petitioners is that the petitioners' Hitachi, JCB and Bokline were asked to be removed without any authority. It is very clear that the Collector, by his proceedings dated 23.03.2011, has only stated that no activity of conversion of lands or mining activities will be conducted in the hill area as per the orders of the Hill Area Conservation Authority and further, no Hitachi, JCB and Bokline will be used without the permission of the Collector. Therefore, this ground of attack of the petitioners has to fall to ground. 5.In any view of the matter, if the petitioners seek to get permission to use JCB, Hitachi or Bokline for any specific purpose, it can be done only in line with the order dated 23.03.2011 passed by the District Collector. If at all the petitioners are aggrieved by the order, they can take recourse under law. Hence, the writ petitions cannot be maintained at this stage. Accordingly, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Dindigul District, Dindigul. 2.The Revenue Divisional Officer,Kodaikanal, Dindigul District. 3.The Tahsildar,Kodaikanal,Dindigul District. 4.The Deputy Superintendent of Police,Kodaikanal,Dindigul Distt. 5.The District Forest Officer,Kodaikanal,Dindigul District. +1CC to Mr.Rajendiran, Advocate. SR.No.12231. +1CC to The Special Government Pleader. SR.No.12379. Srm Order made in WP(MD)Nos.3380 to 3383 of 2011 RP/18.04.2011/2P/8C.31.03.2011 https://hcservices.ecourts.gov.in/hcservices/