1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.676 of 2011 and M.P.No.1 of 2011 S.Vairavan : Appellant/Petitioner Vs. The District Collector, Sivagangai District, Sivagangai. : Respondent/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 22.01.2011 made in W.P.(MD).No.2545 of 2009 on the file of this Court. PRAYER in WP.No.2545 of 2009: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records in connection with the impugned order passed by the respondent vide Ref.No.M2/12EO/07-1 dated 28.10.2008 in respect of stone quarry in an extent of 9.8.75 hectares in S.No.264 in South Velangudi Village in Thiruppathur Taluk, Sivagangai District and to quash the same. For Appellant : Mr.S.S.Sundar For Respondent : Mr.K.Mahendran Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] The Writ Appeal is directed against the order of the learned Single Judge dated 22.01.2011 passed in W.P.(MD).No.2545 of 2009. 2. In the said Writ Petition, the appellant has challenged the order of the District Collector, Sivagangai, dated 28.10.2008, by which the District Collector has cancelled the original permission granted to the appellant to quarry rough stone in S.F.No.264 at S.Velangudi Village, Thiruppathur Taluk, Sivagangai District. The cancellation was on the ground that the quarrying site falls within Mangulam Kanmoi, a tank poramboke, and therefore, the permission granted earlier is against the law. Admittedly, the lease has not been effected pursuant to the permission granted earlier on 30.04.2008. It is seen that pending the Writ Petition, a learned Single Judge of this Court, by interim order dated 16.04.2009, has granted an order of interim direction directing the respondent to execute the lease deed. However, it appears that as against the said interim order, the District Collector has filed Vacate Stay Petition, and therefore, the lease has not been effected so far. It was in those circumstances, considering the above said facts and circumstances of the case, the learned Single Judge, while dismissing the Writ Petition, has held that at the maximum, the appellant can get back his amount in view of the non – fulfillment of the contractual terms. https://hcservices.ecourts.gov.in/hcservices/ 2 3. We see no reason to interfere with the order of the learned Single Judge. However, it is seen that by order dated 28.10.2008, which was impugned in the said Writ Petition, the District Collector has cancelled the permission granted to quarry on the ground it is a water body, which will be for the benefit of the area. It was in those circumstances, we are of the view that the appellant must be permitted, if he is aggrieved against the order of the District Collector dated 28.10.2008, to file an appropriate appeal before the Appellate Authority. 4. In such view of the matter, the Writ Appeal stands dismissed. However, it is made clear that if the appellant files statutory appeal before the Appellate Authority against the order of the District Collector dated 28.10.2008 within a period of 12 weeks from the date of receipt of a copy of this order, the Appellate Authority shall consider the same and pass appropriate orders on merits and in accordance with law taking note of the grounds raised in the Writ Appeal and also any other points which may raise by the appellant in the appeal to be filed and such order shall be passed by the Appellate Authority within a period of 12 weeks thereafter. It is needless to say that while considering the appeal, the Appellate Authority shall not be influenced either by any of the observations made in this Judgment or by the order of the learned Single Judge. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) To The District Collector, Sivagangai District, Sivagangai. +1. CC to Mr.S.S.Sundar, Advocate, SR.No. 25931 +1. CC to the Special Government Pleader, SR.No.25389 NB JUDGMENT MADE IN W.A.(MD).No.676 of 2011 01.08.2011 TR : 22.08.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/