IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.2286 of 2011 and M.P.No.1 of 2011 S.Ilangovan .. Petitioner. Versus 1.The Secretary to the Government, Industries Department, Fort St. George, Chennai-600 009. 2.The District Collector, Dindigul. 3.The Revenue Divisional Officer, Dindigul 4.The Assistant Director of Geology and Mining, Dindigul District, Dindigul. .. Respondents. Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to clear the unauthorized and unlawful encroachments in the "Natham Public Road" in Surugudi Village in public road leads to Ekhankuraipatti Village through S.No.636 and 620 and the same pubic road is not only by the petitioner but also the general public and the Agriculturists of the village in Dindigul District and give necessary protection to the petitioner to operate his mines at S.No.616/1B (Part), 616/1C, 618/1 (Part) and 619 inSirugudi Village, Natham Taluk, Dindigul District and to transport the mined minerals from the mining site to the petitioner's factory or to any place of his choice with vaid dispatch slips till the expiry of the lease period. For Petitioner : Mr.K.R.Krishnan For Respondents : Mr.R.Thirugnanam (Spl.G.P) O R D E R
Heard the learned counsel appearing for the petitioner, and the learned Special Government Pleader, appearing on behalf of the respondents.
2. By consent of both the parties, the writ petition is taken up for final hearing.
3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if this Court is pleased to permit the petitioner to make a representation to the second respondent, with regard to the reliefs sought for in the present writ petition, and on such representation being made, the second respondent is directed to dispose of the same, on merits and in accordance with law, within a specified period.
4. The learned Special Government Pleader appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
5. In view of the limited relief sought for by the learned counsel appearing for the petitioner, without going into the merits of the case, the petitioner is permitted to make a representation to the second respondent, with regard to the reliefs sought for in the present writ petition, within a period of ten days from today and on receipt of such representation, the second respondent shall dispose of the same, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the other parties concerned, within a period of six weeks thereafter.
The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1.The Secretary to the Government,
Industries Department,
Fort St. George, Chennai-600 009.
2.The District Collector,
Dindigul.
3.The Revenue Divisional Officer,
Dindigul
4.The Assistant Director of Geology
and Mining,
Dindigul District,
Dindigul