1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA and THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No.2200 of 2011 & M.P. (MD) Nos.2 & 3 of 2011 1 Poor's Help Line, Registered Society Registration No.23/2008, 5/42, Middle Street Valinokkam (Post)Ramanathapuram District represented through its Secretary S.V. Basheer Ahamed, S/o Varusai Ibrahim 2 S.V. Basheer Ahamed Petitioners vs. 1 The District Collector Ramanathapuram Collectorate Buildings Ramanathapuram 2 The District Revenue Officer Ramanathapuram District, Ramanathapuram 3 The Tahsildar, Kadaladi Taluk Ramanathapuram District 4 The Director Mines and Minerals Department, Chennai 5 The Assistant Director,Mines and Minerals Department District Court Complex,Ramanathapuram District 6 Vahitha 7 Jaguber Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents not to quarry sands from the lands in S.Nos.138/9, 138/8, 138/1A6B, 138/153C, 138/153A, 138/7, 138/1Y3B, 138/1Y2B, 138/1Y3B, 138/1Y2A, 138/1Y3A, 138/1Y1B, 138/1Y1A, 138/1W, 138/1K2, 138/1K3, 138/1K1, 138/1J, 138/1I of Valinokkam Village, Kadaladi Taluk, Ramanathapuram District and consequentially direct the respondents 1 to 3 to put up a granite wall to minimise the erosion. For petitioners Mr. Ramesh for Mr. V. Raghavachari For RR 1-5 Mr. R. Janakiramulu, Spl. Govt. Pleader For RR 6 & 7 Mr. S. Rajasekar, for Mr. T. Lajapathy Roy https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed for the issuance of a writ of mandamus directing the private respondents not to quarry sand from the lands comprised in S.Nos.138/9, 138/8, 138/1A6B, 138/153C, 138/153A, 138/7, 138/1Y3B, 138/1Y2B, 138/1Y3B, 138/1Y2A, 138/1Y3A, 138/1Y1B, 138/1Y1A, 138/1W, 138/1K2, 138/1K3, 138/1K1, 138/1J, 138/1I of Valinokkam Village, Kadaladi Taluk, Ramanathapuram District. 2. According to the petitioner society, Valinokkam Village is prone to sea erosion; whenever wind accelerates and blows from South to North, wind will carry the sand available on the plains and will fill up the pits and holes; but, when the wind blows from North to South, the reverse is not happening; consequence of this, the village suffers from natural handicap; in spite of this, the authorities are allowing quarrying operations to the private respondents herein which will have an impact on the villagers who are residing there; hence, representations were made; but, since no orders have been passed, this writ petition is filed. 3. On notice, the learned counsel for the private respondents has submitted that already permission has been granted to the private respondents for sand quarrying. 4. But, according to the learned counsel for the petitioners, even as per the permission granted also, permission is granted only with regard to the land comprised in Survey No.138/1Y1B of the said village; but, in spite of this permission given only to a particular portion, the private respondents are carrying on their quarrying operation in the other survey numbers which are mentioned in the prayer portion of the writ petition. 5. The above said submission of the learned counsel for the petitioners is denied by the learned counsel for the private respondents. 6. As far as this issue is concerned, it relates to factual aspect of the matter. Consequently, sitting under Article 226 of the Constitution of India, this Court cannot decide this issue at all. However, the representation dated 20.12.2010 already submitted by the petitioner in this regard is pending before the District Collector, Ramanathapuram, the first respondent herein. Besides, as already stated, since the issue involved in this writ petition relates to factual aspect, we are of the considered opinion that the ends of justice would be met by directing the District Collector, Ramanathapuram who is the first respondent herein to consider the petitioner's representation dated 20.12.2010 within a time- frame. 7. Accordingly, the first respondent herein is directed to consider and pass orders on the petitioner's representation dated 20.12.2010 in accordance with law and after affording reasonable opportunity to all the parties concerned on or before 30.04.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR cad To 1 The District Collector Ramanathapuram Collectorate Buildings Ramanathapuram 2 The District Revenue Officer Ramanathapuram District Ramanathapuram 3 The Tahsildar, Kadaladi Taluk Ramanathapuram District 4 The Director Mines and Minerals Department Chennai 5 The Assistant Director Mines and Minerals Department District Court Complex Ramanathapuram District 1CC TO MR. V. RAGHAVACHARI, ADVOCATE,SR: 13051: 1CC TO MR. T. LAJAPATHI ROY, ADVOCATE, SR: 12671: DM:2011::APRIL:08::: W.P. (MD) No.2200 of 2011 05.04.2011 3P:8C:: https://hcservices.ecourts.gov.in/hcservices/