WP(MD)/29818/2026 of A.Pandi Vs The Revenue Divisional Offic on 16 October 2026

ORDER

Ms.K.Porkodi, learned Special Government Pleader takes notice for the respondents. __________

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WP(MD) No. 29818 of 2026

2. This writ petition is filed asking for the issuance of a Writ of Mandamus, forbearing the respondents from proceeding with the enquiry in Na.Ka.A2/4800/2026 dated 28.08.2026 without furnishing the copies of the documents requested by the petitioner by his representation dated 04.10.2026.

3. The claim of the writ petitioner is that he was issued with a license to quarry gravel sand in his private patta land for a period of two years or till he is able to excavate 1,14,712 metric tons in the identified quarry land, whichever is earlier

4. Contending that the respondents had conducted an inspection and survey behind the back of the writ petitioner using drones and without even furnishing a copy of the survey report and other necessary materials to the writ petitioner, the respondents had arrived at a pre-determined conclusion, as is evident from the impugned enquiry notice, that they are contemplating proceedings, to impose penalty under Rule 36-A against the writ petitioner. He therefore prays that the respondents shall not be allowed to proceed further with the inquiry, without furnishing all the necessary documents and without assuring the compliance of the natural justice principles. __________

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WP(MD) No. 29818 of 2026

5. Per contra, Ms.K.Porkodi, learned Special Government Pleader for the respondents would submit that the respondents had only issued an enquiry notice and the petitioner did not appear for the enquiry at all and without even attending the enquiry, the writ petitioner is attempting to prevent the authorities from proceeding with the enquiry to identify the excess excavation by the petitioner and to finalize penalty, if any, to be imposed upon the conclusion of the enquiry. In the absence of the co- operation from the petitioner, the Department is not in a position to conclude the enquiry proceedings and therefore, appropriate direction may be passed to the writ petitioner to co-operate with the enquiry.

6. She would also submit that if the petitioner appears before the Department and makes a request for the necessary documents by furnishing a written representation, the necessary documents required for the purpose of completing the inquiry, will be provided to the writ petitioner.

7. Recording the submission made by the learned Special Government Pleader for the respondents, the Writ Petition stands disposed of on the following terms:-

i) The writ petitioner shall appear before the first respondent/the Revenue Divisional Officer/Sub Collector, Devakottai, Sivagangai __________

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WP(MD) No. 29818 of 2026 District, in person and, if necessary, along with his advocate on 21.10.2026.

ii) On such appearance, the writ petitioner or his authorised representative shall be allowed to inspect the documents. On 21.10.2026, the petitioner is at liberty to request necessary documents, like the inspection/survey report. If any such request is made, the first respondent shall furnish those documents, which according to the respondent are necessary for completion of the inquiry, to the writ petitioner within a week, i.e., on or before 28.10.2026.

iii) Thereafter, the first respondent shall issue a show cause notice to the writ petitioner intimating the proposed course of action within a week thereafter, i.e., on or before 04.11.2026 and the writ petitioner shall furnish his explanation within a period of two weeks thereafter, i.e., on or before 18.11.2026.

iv) After receipt of the written explanation from the writ petitioner, the first respondent shall afford an opportunity of personal hearing and pass final orders within a period of six weeks thereafter. No costs. Consequently, connected Miscellaneous Petition is closed. __________

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WP(MD) No. 29818 of 2026 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mm Note : Issue order copy on 16.10.2026 To

1. The Revenue Divisional Officer/Sub Collector, Devakottai, Sivagangai District.

2. The Assistant Director Geology And Mining Sivagangai __________

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WP(MD) No. 29818 of 2026 N.DILIP KUMAR, J. mm WP(MD) No. 29818 of 2026 AND WMP(MD) No. 22793 of 2026 16-10-2026 __________

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