IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.2.2011 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR W.P. No. 6560 of 2008 .......... KILLIYANALLUR VILLAGE PANCHAYAT MANNACHANALLUR TALUK THIRUCHIRAPALLI DT. REP. BY ITS PESIDENT/EXECUTIVE AUTHORITY. .. Petitioner Vs. 1 THE SECRETARY TO GOVERNMENT PUBLIC WORKS W SPECIAL DEPARTMENT FORT ST. GOEROGE CHENNAI-9. 2 THE DISTRICT COLLECOTR THIRUCHIRAPALLI. 3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (WRO) R.C. DIVISION THIRUCHIRAPALLI. 4 KARIYAMANICKAM PANCHAYAT MANNACHANALLUR TALUK THIRUCHIRAPALLI DISTRICT REP. BY ITS PRESIDENT/EXECUTIVE AUTHORITY. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the impugned proceedings of the 2nd respondent dated 23.02.2008 quash the same and direct respondents 1 to 3 to pay the entire seigniorage fee due and payable in respect of quarrying of sand in Kiliyanaloor Village Colleron river Basin, Manachanallur Taluk, Thiruchirapalli District from 2003 to March 2007 to the Kiliyanaloor Panchayat. For Petitioner : Mr. V. Selvaraj For Respondents : Mr. L.S.M. Hasan Fizal Govt. Advocate – R1 to R3 No Appearance - R4 https://hcservices.ecourts.gov.in/hcservices/ ORDER This writ petition is filed to call for the impugned proceedings of the 2nd respondent dated 23.02.2008 quash the same and direct respondents 1 to 3 to pay the entire seigniorage fee due and payable in respect of quarrying of sand in Kiliyanaloor Village Colleron river Basin, Manachanallur Taluk, Thiruchirapalli District from 2003 to March 2007 to the Kiliyanaloor Panchayat. 2. This Court, on an earlier occasion, passed the following order dated 19.7.2007 in WP No. 5669 of 2007:- " It is submitted by the learned counsel for the petitioner that after the interim order, seigniorage fee collected by the P.W.D has not been paid to the fourth respondent panchayat. He expressed that if the amount is disbursed to Kariiyamanickam Village, it would be difficult to realise the same, in future. Taking note of the above submission, the second respondent, the District Collector, is directed to collect the seigniorage fee from the quarry operator of the subject matter of (Kiliyanallur Village) site and shall not pay to the fourth respondent till final orders are passed by the first respondent on the representation of the petitioner dated 06.01.2007. The entire exercise should be completed within four weeks from the date of receipt of copy of this order." 3. In this case, the petitioner claims seigniorage fee stating that the sand has been quarried within its jurisdiction and is therefore entitled to the same. In the earlier round of litigation, the Court directed the Secretary to Government, Public Works Department to consider and dispose of the representation dated 6.1.2007 on merits for the above stated relief. Admittedly, no order has been passed by the first respondent/Government. On the contrary, the District Collector/ second respondent passed the impugned proceedings purportedly for and on behalf of the Government stating that the order is passed pursuant to the order of this Court passed in WP No.5667 of 2007, dated 19.7.2007. 4. The District Collector is not a competent authority to dispose of the said representation and the same is contrary to the earlier order of this Court dated 19.7.2007. On the face of it, the order of the District Collector has to go. Another contention of the petitioner is that the District Collector did not apply his mind to the representation dated 6.7.2007 wherein the claim for the petitioner is for the period from 2004 to 2007 and not the period mentioned in the impugned proceedings. This plea also is tenable and not refuted by the respondents' counsel. The said issue shall be decided by the first respondent, who is the competent authority https://hcservices.ecourts.gov.in/hcservices/ to dispose of the representation in terms of the earlier order of this Court including the period in issue. 5. In view of the above, the impugned order is set aside and the first respondent is directed to consider the petitioner's plea and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. Consequently, M.P.No. 2 of 2008 is closed. No costs. ra Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1 THE SECRETARY TO GOVERNMENT PUBLIC WORKS W SPECIAL DEPARTMENT FORT ST. GOEROGE CHENNAI-9. 2 THE DISTRICT COLLECOTR THIRUCHIRAPALLI. 3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (WRO) R.C. DIVISION THIRUCHIRAPALLI. + 1 cc to Mr. V. Selvaraj, Advocate SR No.10172 + 1 cc to Government Pleader, SR No.9640 MRD(CO) SR/3.3.2011 WP No. 6560 of 2008 https://hcservices.ecourts.gov.in/hcservices/