K.R.Muthukrishnan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR K.R.Muthukrishnan

...Petitioner

Vs.

1.The Secretary to Government Industries, IP & C Department Secretariat Chennai-600 009 2.The Commissioner of Geology and Mining Guindy Industrial Estate Chennai-600 032 3.The Director Town and Country Planning Department No.807, CMBT Chennai-600 107 4.The District Collector Namakkal District Namakkal 5.The Assistant Director Geology and Mines Collectorate Namakkal

6.The Assistant Director Town and Country Planning Namakkal 7.The Revenue Divisional Officer Tiruchengode Namakkal 8.The Revenue Tahsildar Komarapalayam Taluk Namakkal District 9.The Block Development Officer Komarapalayam Namakkal District.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents 3 to 9 to prevent the forming of unauthorized layout in S.F.Nos.196/6,187/7B,8B,5A, 6A,7A,8A and 187 situated in Padaiveedu village, Komarapalayam Taluk, Namakkal District by considering petitioner representations dated 11.08.2021,09.11,.2021,11.03.2022 and 20.08.2022.

For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mrs.R.Anitha, Spl.G.P for R1 to 8 Mr.B.Vijay, AGP for R9

O R D E R

Writ Petition has been filed praying to issue a Writ of mandamus directing the respondents 3 to 9 to prevent the forming of unauthorized

layout in S.F.Nos.196/6,187/7B,8B,5A, 6A,7A,8A and 187 situated in Padaiveedu village, Komarapalayam Taluk, Namakkal District by considering petitioner representations dated 11.08.2021,09.11,.2021,11.03.2022 and 20.08.2022.

2. Though the relief is sought for prevent the forming of unauthorized layout, learned counsel appearing for the petitioner would submit that if the representation is considered it would suffice. It is the contention of the learned counsel for the petitioner that the petitioner is granted mining lease for the period of 20 years in the year 2002. Now as per the amended act Sub Clause8(A) lease is deemed to be continued for a period of 50 years. When the matter stood thus, layout has been formed within the prohibited area.

3. Mrs.R.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 8 and would submit that the technical approval was granted after inspecting the site on 01.12.2021. The Executive Officer in his Roc.No.2984 of 2021 dated 10.11.2021 certified that after inspecting the quarry mentioned is not in use for several years and it is surrounder

byw residential development and the quarry does not have no ways to function. Hence, there is no violation. It is also stated that no NOC is obtained from Environment Department and the quarry is not in use for more than two years. In such view of the matter, as a matter of right the petitioner cannot stall the further development for the villagers for residential purposes.

4. Having considered the above, this Court is of the view that when the quarry itself is not in use for many years and environment clearance is also not obtained, there cannot be any vested right for the petitioner to prevent the forming of layout.

In such view of the matter, I do not find any merits in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. 19.01.2023 kpr Internet:Yes Speaking/non-speaking order

To 1.The Secretary to Government Industries, IP & C Department Secretariat, Chennai-600 009 2.The Commissioner of Geology and Mining Guindy Industrial Estate Chennai-600 032 3.The Director Town and Country Planning Department No.807, CMBT, Chennai-600 107 4.The District Collector Namakkal District Namakkal 5.The Assistant Director Geology and Mines Collectorate Namakkal 6.The Assistant Director Town and Country Planning Namakkal 7.The Revenue Divisional Officer Tiruchengode Namakkal 8.The Revenue Tahsildar Komarapalayam Taluk Namakkal District 9.The Block Development Officer

Komarapalayam Namakkal District.

N. SATHISH KUMAR, J.

kpr 19.01.2023