1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8841 of 2011 And M.P.(MD).No. 1 of 2011 Velavan Agencies Rep. by its Proprietor Mr.G.Velavan S/o.P.Gopal No.23A, Angala Eswari Illam New Pangajam Colony 1st Street Teppakulam Madurai - 625 009 ... Petitioner -Vs- 1. State of Tamil Nadu Rep. by its Secretary to Government Industrial Department Fort St. George Chennai - 600 009 2. The Director of Geology & Mining Guindy Chennai - 32 3. The District Collector Madurai District Madurai 4. The District Collector Sivaganga Sivaganga District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus forbearing the respondents, their agents, subordinates, officers and men from insisting the petitioner and petitioner's Customer either to obtain transport permit or to get mentioning of the final place of destination in the bills issued by the Public Works Department and by the authorized sand stockyard operators to transport the processed / filtered or stocked raw sand upto 6 units from the stockyard of the petitioner in S.No.227/3, comprised in Plot Nos. 10, 11, 16, 16-A, Attaiah Thoppu, Anna Kamu Nagar, Rani Mangammal Salai, Vandiyur Ring Road, Madurai - 625 020 totally comprising of 14 cents and 52 sq. ft., to the place of the petitioner's purchasers destination in the state of Tamilnadu. https://hcservices.ecourts.gov.in/hcservices/ 2 *** For Petitioner : Mr.A.Kannan For Respondents : Mr.B.Pugalenthi Special Government Pleader O R D E R Material on record shows that earlier the petitioner has filed Writ Petition No. 5193/2011, challenging G.O.Ms.No. 32, Industries (MMC2) Department, dated 11.02.2011. In M.P.(MD).No. 3 of 2011, the petitioner has sought for interim injunction restraining the respondents, their agents, officers and men from anyway interfering with in any manner with the sale of sand duly purchased from the PWD from the stockyard of the petitioner situated at S.No. 227/3 comprised in Plot Nos. 10, 11, 16, 16A, Attiah Thoppu, Anna Nagar, Ranimangammal Salai, Vandiyur Ring Road, Madurai - 625 020 and in S.No.14/1, Thangasamy weigh Bridge Backside, Ramanathapuram Road, Madurai - 625 009. This Court taking note of the submission and as no counter affidavit was forthcoming, in M.P.(MD).No. 3 of 2011, dated 23.06.2011, has granted an interim injunction, which is stated to be in force. While that be so, the petitioner has unnecessarily filed a Writ of Mandamus, for the following prayer: "Writ of Mandamus forbearing the respondents, their agents, subordinates, officers and men from insisting the petitioner and petitioner's Customer either to obtain transport permit or to get mentioning of the final place of destination in the bills issued by the Public Works Department and by the authorized sand stockyard operators to transport the processed / filtered or stocked raw sand upto 6 units from the stockyard of the petitioner in S.No.227/3, comprised in Plot Nos. 10, 11, 16, 16-A, Attaiah Thoppu, Anna Kamu Nagar, Rani Mangammal Salai, Vandiyur Ring Road, Madurai - 625 020 totally comprising of 14 cents and 52 sq. ft., to the place of the petitioner's purchasers destination in the state of Tamilnadu." 2. What is sought for by way an injunction in M.P.(MD). No. 3 of 2011 in W.P.(MD).No. 5193 of 2011 and granted is now prayed for in the form of Mandamus is nothing but a repetitive exercise of the writ petitioner, wasting the time of the Registry and this Court. After, passing of the orders, learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition, and this Court is not inclined to consider the same, as the petitioner has indulged in filing https://hcservices.ecourts.gov.in/hcservices/ 3 another Writ Petition, on the same cause of action, with a different nomenclature. 3. Hence, Writ Petition is dismissed with a direction to the petitioner to pay a cost of Rs.1,000/- to the District Collector, Madurai, within a period of 15 days from today, failing which, the District Collector shall realise the amount under the Revenue Recovery Act, treating the cost as revenue due to the Government. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1. The Secretary to Government State of Tamil Nadu Industrial Department Fort St. George Chennai - 600 009 2. The Director of Geology & Mining Guindy Chennai - 32 3. The District Collector Madurai District Madurai 4. The District Collector Sivaganga Sivaganga District +One Cc to The Spl. Govt. Pleader, SR.No.26885 vsg rl/6c – 16.8.2011 W.P.(MD).No.8841 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/