1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.1437 of 2011 1. S.Sankaralingam 2. P. Thirupathy ...Petitioners Vs 1. The District Collector Virudhunagar District, Virudhunagar. 2. The Assistant Director of Geology and Mines O/o.Geology and Mines Department District Collectorate Complex Virudhunagar. 3. The Executive officer A/m Natchiar (Andal) Koil Srivilliputtur Virudhunagar District. 4. P. Saravana Kumar 5. Pitchairaj ...Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus to call for the records from the second respondent in his proceedings in Na.Ka.K.V.1/1708/2010-6 dated 19/1/2011 and quash the same and further first respondent to cancel the quarrying license issued by the second respondent in favour of the fourth and fifth respondent on the basis of the petitioner's representation dated 24/12/2010. For Petitioner : Mr.S. Balaji For Respondent : Mr.P. Thilak Kumar, AGP for R.R.1 to 3. Mr.J.Jeyakumaran for R.R.4 and 5. - - - - - - O R D E R Mr.P.Thilak Kumar, Additional Government Pleader takes notice for the respondents 1 to 3. https://hcservices.ecourts.gov.in/hcservices/ 2 2. By consent, the main writ petition itself is taken up for final disposal. 3. The petitioners have come up with the present writ petition, challenging the impugned order of the second respondent dated 19/1/2011, wherein the petitioner was informed that the respondents 4 and 5 were issued license to quarry in the patta land. 4. The case of the petitioners is that the property bearing Survey Nos.277/1 and 2 at Ponnanganni Village, Kusavangulam, Srivilliputtur belongs to the third respondent temple and the same was distributed as 'inam' to Kulalar Community people for the purpose of agriculture. In the said land, the father of the fifth respondent has got permission for quarrying savudu. The petitioners have sent numerous representations to the respondents 1 and 2, but they have not taken any action. The petitioners have filed a writ petition before this Court in W.P.(MD) No.536 of 2010 and sought for a direction to consider the representation. The same was ordered on 19/1/2010. However, the impugned order came to be passed and hence the petitioners have filed the present writ petition for the relief stated earlier. 5. It is an admitted case that the property in question belonged to the third respondent temple. It is the case of the petitioner that the third respondent temple has distributed the property as 'inam' to the Kulalar Community people for the purpose of agriculture. It is not a Public Interest Litigation, where the petitioner can maintain the writ petition for himself and other Villagers. It is not even his case that the third respondent temple has given the property to them and by virtue of the same, they are in possession of the suit property. Even according to the case of the petitioner, the third respondent temple has distributed the land to the Kulalar Community people for the purpose of agriculture. That apart, in the impugned order, it is stated that the respondents 4 and 5 have been given license to quarry only in respect of the patta land. 6. In such circumstances, I am of the considered view that the petitioner cannot maintain the writ petition for the relief stated therein. 7. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. mvs. Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1. The District Collector Virudhunagar District Virudhunagar. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The Assistant Director of Geology and Mines O/o.Geology and Mines Department District Collectorate Complex Virudhunagar. 3. The Executive officer A/m Natchiar (Andal) Koil Srivilliputtur Virudhunagar District. +1 cc to M/s.S.Balaji, Advocate SR.No.8414. +1 cc to the Special Government Pleader, SR.No.11972. W.P.(MD) No.1437 of 2011 Dated:28/3/2011 3P/6C RPB 25.04.2011 https://hcservices.ecourts.gov.in/hcservices/