IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:21.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.10136 of 2011 and M.P.No.1 of 2011 M/s.Rock Fields Mining Company, represented by its Partner, C.Venkatesan, A1, Ganapathy Residency, LVB Nagar (New By Pass Road), Karur-2. ... Petitioner Vs 1.The Director of Town and Country Planning, 807, Anna Salai, Chennai-2. 2.The Tahsildar, Vedasenthur Taluk, Dindigul District. 3.Selvi. 4.M.Muthuvellar. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action and stop any unauthorized formation of the layout and consequently forbear the respondents 3 and 4 or anybody claiming through them from forming a layout in S.F.Nos.598/2B, 600/2, 602/1B, 553/1, 545/1, 546/1 of 190/2A of Ulliyakottai Village Vedasandur Taluk, Dindigul District, adjacent to the existing mining site of the petitioner. For Petitioner : Mr.G.Arul Murugan For Respondents 1 and 2 : Mr.S.Shivashanmugam, Government Advocate. ----- https://hcservices.ecourts.gov.in/hcservices/ O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action and stop any unauthorized formation of the layout and consequently forbear the respondents 3 and 4 or anybody claiming through them from forming a layout in S.F.Nos.598/2B, 600/2, 602/1B, 553/1, 545/1, 546/1 of 190/2A of Ulliyakottai Village Vedasandur Taluk, Dindigul District, adjacent to the existing mining site of the petitioner. 2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents 1 and 2. In view of the order that is to be passed in this matter, the notice to the respondents 3 and 4 is dispensed with. By consent of both the parties, the writ petition is taken up for final disposal. 3. Petitioner claims that he has got a mining lease issued by the Government in the year 1997 and it is still in force. The grievance of the petitioner is that respondents 3 and 4 are developing the residential plots adjacent to the mining area which is prohibited under law. In this regard, a representation has been given on 5.1.2011 to the first respondent. However, proof for receipt of such representation has not been filed. 4. In such view of the matter, as pointed out by Mr.S.Shivashanmugam, learned Government Advocate, petitioner is given liberty to make a fresh representation to the competent authority along with a copy of this order. The authority shall deal with the same purely on its own merits and in accordance with law. If the right of the respondents 3 and 4 or any third parties, will be affected while considering the representation, it is incumbent on the part of the authority to put such persons on notice, so as to avoid allegation of violation of principles of natural justice. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Director of Town and Country Planning, 807, Anna Salai, Chennai-2. 2.The Tahsildar, Vedasenthur Taluk, Dindigul District. + 1 cc to Mr. G. Arul Murugan, Advocate SR No.27821 + 1 cc to Government Pleader, SR No.28293 VSV(CO) SR/2.5.2011 Order in W.P.No.10136 of 2011 https://hcservices.ecourts.gov.in/hcservices/