1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11178 of 2011 N.Kumaran ... Petitioner -Vs- 1. The District Collector Kanyakumari District 2. The Thasildar Agastheeswaram at Nagercoil Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to pass suitable order within the stipulated time as fixed by this Hon'ble Court vide the report dated 11.1.2011 in proceeding No. Na.Ka.No. A1-4000402010 submitted by the second respondent before the first respondent. For Petitioner : M/s. Mayil Vahana Rajendran For Respondents: Mr.T.S.Mohamed Mohideen Additional Government Pleader ORDER According to the petitioner, he is the owner of land in S.No. 1103/2A, Madhusudhanapuram Village, to an extent of 1 acre and 72 cents. He also owns land in S.No. 635/1, Therur Village. There is a mound in the land, in S.No. 1103/2A, Madhusudhanapuram Village, and therefore he is unable to cultivate the land. The land in S.No. 635/1, Therur Village is in a low lying area and during rain, there is stagnation of water. Crops are also affected. Therefore, the petitioner made a representation, dated 11.08.2010, to the District Collector, Kanyakumari District, seeking permission to remove the soil from S.No. 1103/2A, Madhusudhanapuram Village, to his agricultural land in Therur Village. Pursuant to the representation, the District Collector, Kanyakumari District, by his proceedings, dated 20.08.2010, directed the Thasildar, Agastheeswaram, Kanyakumari District, to submit the report. Accordingly, a report, dated 11.01.2011 has also been submitted. Despite the same, no orders have been passed by the District Collector, Kanyakumari District, permitting the petitioner to remove the soil from S.No. 1103/2A, Madhusudhanapuram Village, to another place, stated supra. 2. In such circumstances, the petitioner has sought for a Mandamus to direct the first respondent to pass appropriate orders on the basis of the report, dated 11.1.2011, submitted by the Thasildar, Agastheeswaram, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the limited relief sought for, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, was put on notice and heard. 4. Writ of Mandamus directing the first respondent, to pass orders in terms of any specific report or order, without due consideration to the same, by the competent authority cannot be granted. He has to consider as to whether the report has been properly made or not. However, if there is any report submitted by the Thasildar, Agastheeswaram, Kanyakumari District, the second respondent herein, pursuant to the directions of the District Collector, Kanyakumari District, dated 20.08.2010, certainly he has to consider the same, with reference to the statutory provisions relating to removal of soil or any other mineral from S.No. 1103/2A, Madhusudhanapuram Village and also to consider as to whether the transportation of any minor mineral is permissible under the rule and pass appropriate orders, in accordance with the statutory provisions relating to mines and mineral. 5. In the light of the above, the District Collector, Kanyakumari District, the first respondent herein, is directed to consider the report and pass appropriate orders on the representation of the petitioner, dated 11.08.2010, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order, keeping in mind the observations made. 6. With the abovesaid directions, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1. The District Collector Kanyakumari District 2. The Thasildar Agastheeswaram at Nagercoil Kanyakumari District +1cc to Mr.C.Mayil Vahana Rajendran, Advocate SR.No.34099 +1cc to The Special Govt.Pleader SR.No.34005 W.P.(MD).No.11178 of 2011 28.09.2011 vsg PA/18.10.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/