R. Vijayakumar v. K. Raj Kumar
2024:MHC:2560
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.A.Nos.982, 1245 to 1247 & 1249 of 2021 and C.M.P.Nos.6081, 7997, 7998 & 8001 of 2021 W.P.No.982 of 2021 R.Vijayakumar ... Appellant Vs.
1.
K.Raj Kumar 2.
The District Collector, District Collectorate, State Bank Road, Coimbatore - 641 018.
3.
The Commissioner, The Director of Town and Country Planning, Fourth Floor, 807, Anna Salai, Chennai - 600 002.
4.
The Commissioner, Page No.1 of 19
Department of Geology and Mining, Guindy, Chennai - 600 032.
5.
The Member Secretary, The Coimbatore Local Planning Authority, Corporation Shopping Complex, Sivananda Colony, Coimbatore - 641 012.
6.
The Assistant Director, Department of Geology and Mining, District Collectorate, Coimbatore - 641 018.
7.
The District Registrar, District Registrars Office, Collectorate Compound, State Bank Road, Coimbatore - 641 018.
8.
The Sub-Registrar, Singanallur Sub Registrar Office, Pechiannan Devar Complex, Chinthamani Pudur, Coimbatore - 641 016.
... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.11.2020 passed in W.P.No.9668 of 2019. For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.Govind Chandrasekhar For R1 : Mr.Abdul Saleem Senior Counsel Page No.2 of 19
for Mr.M.Vijayamehanath For R2 to R4 & R6 to R8 : Mr.Stalin Abhimanyu Additional Government Pleader For R5 : Mr.D.Gopal Government Advocate W.A.No.1245 of 2021 R.Vijayakumar ... Appellant Vs.
1.
The Principal Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Chennai - 600 059.
2.
The District Collector, District Collectorate, State Bank Road, Coimbatore - 641 018.
3.
The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
4.
The Assistant Director, Department of Geology and Mining, District Collectorate, Page No.3 of 19
Coimbatore - 641 018.
5.
The Block Development Officer, Sulthanpet Panchayat Union, Coimbatore.
6.
K.Raj Kumar ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.11.2020 passed in W.P.No.73 of 2020. For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.Govind Chandrasekhar For R1 to R5 : Mr.Stalin Abhimanyu Additional Government Pleader For R6 : Mr.Abdul Saleem Senior Counsel for Mr.M.Vijayamehanath W.A.No.1246 of 2021 R.Vijaykumar ... Appellant Vs.
1.
K.Raj Kumar 2.
The Principal Secretary, Industries Department, Page No.4 of 19
Government of Tamil Nadu, Secretariat, Chennai - 600 009.
3.
The Principal Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 059.
4.
The District Collector, District Collectorate, State Bank Road, Coimbatore - 641 018.
5.
The Commissioner, The Director of Town and Country Planning, Fourth Floor, 807, Anna Salai, Chennai - 600 002.
6.
The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
7.
The Member Secretary, The Coimbatore Local Planning Authority, Corporation Shopping Complex, Sivananda Colony, Coimbatore - 641 012.
8.
The Assistant Director, Department of Geology and Mining, District Collectorate, Coimbatore - 641 018.
Page No.5 of 19
9.
The Block Development Officer, Sulur Panchayat Union, Coimbatore.
10.
The Block Development Officer, Sulthanpet Panchayat Union, Coimbatore.
11.
The Sub-Registrar, Singanallur Sub Registrar Office, Pechiannan Devar Complex, Chinthamani Pudur, Coimbatore - 641 016.
12.
The President/Special Officer, Peedampalli Village, Sulur Taluk, Coimbatore District.
13.
The President/Special Officer, Kallapalayam Village, Sulur Taluk, Coimbatore District.
14.
M.Devaraj ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.11.2020 passed in W.P.No.23248 of 2019. For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.Govind Chandrasekhar For R1 : Mr.Abdul Saleem Page No.6 of 19
Senior Counsel for Mr.M.Vijayamehanath For R2 to R6, R8, R10, R11 & R13 : Mr.Stalin Abhimanyu Additional Government Pleader For R7, R9 & R12 : Mr.D.Gopal Government Advocate For R14 : Died-steps taken W.A.No.1247 of 2021 R.Vijaykumar ... Appellant Vs.
1.
M/s.GS and Company, a Partnership firm, Represented by its partner, Mr.S.Balasubramanian.
2.
The Principal Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
Page No.7 of 19
3.
The Principal Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 059.
4.
The District Collector, District Collectorate, State Bank Road, Coimbatore - 641 018.
5.
The Commissioner, The Director of Town and Country Planning, Fourth Floor, 807, Anna Salai, Chennai - 600 002.
6.
The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
7.
The Member Secretary, The Coimbatore Local Planning Authority, Corporation Shopping Complex, Sivananda Colony, Coimbatore - 641 012.
8.
The Assistant Director, Department of Geology and Mining, District Collectorate, Coimbatore - 641 018.
9.
The Block Development Officer, Page No.8 of 19
Sulur Panchayat Union, Coimbatore.
10.
The Block Development Officer, Sulthanpet Panchayat Union, Coimbatore.
11.
The Sub-Registrar, Singanallur Sub Registrar Office, Pechiannan Devar Complex, Chinthamani Pudur, Coimbatore - 641 016.
12.
The President/Special Officer, Peedampalli Village, Sulur Taluk, Coimbatore District.
13.
The President/Special Officer, Kallapalayam Village, Sulur Taluk, Coimbatore District.
14.
M.Devaraj ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.11.2020 passed in W.P.No.23254 of 2019. For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.Govind Chandrasekhar For R1 : Mr.Abdul Saleem Senior Counsel Page No.9 of 19
for Mr.M.Vijayamehanath For R2 to R6, R8, R10, R11 & R13 : Mr.Stalin Abhimanyu Additional Government Pleader For R7, R9 & R12 : Mr.D.Gopal Government Advocate For R14 : Died-steps taken W.A.No.1249 of 2021 R.Vijaykumar ... Appellant Vs.
1.
P.Venkatachalam 2.
The Principal Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
3.
The Principal Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 059.
4.
The District Collector, District Collectorate, Page No.10 of 19
State Bank Road, Coimbatore - 641 018.
5.
The Commissioner, The Director of Town and Country Planning, Fourth Floor, 807, Anna Salai, Chennai - 600 002.
6.
The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
7.
The Member Secretary, The Coimbatore Local Planning Authority, Corporation Shopping Complex, Sivananda Colony, Coimbatore - 641 012.
8.
The Assistant Director, Department of Geology and Mining, District Collectorate, Coimbatore - 641 018.
9.
The Block Development Officer, Sulur Panchayat Union, Coimbatore.
10.
The Block Development Officer, Sulthanpet Panchayat Union, Coimbatore.
11.
The Sub-Registrar, Singanallur Sub Registrar Office, Pechiannan Devar Complex, Chinthamani Pudur, Page No.11 of 19
Coimbatore - 641 016.
12.
The President/Special Officer, Peedampalli Village, Sulur Taluk, Coimbatore District.
13.
The President/Special Officer, Kallapalayam Village, Sulur Taluk, Coimbatore District.
14.
M.Devaraj ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.11.2020 passed in W.P.No.23258 of 2019. For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.Govind Chandrasekhar For R1 : Mr.Abdul Saleem Senior Counsel for Mr.M.Vijayamehanath For R2 to R6, R8, R10, R11 & R13 : Mr.Stalin Abhimanyu Additional Government Pleader For R7, R9 & R12 : Mr.D.Gopal Government Advocate For R14 : Died-steps taken C O M M O N J U D G M E N T Page No.12 of 19
(Common judgment of the Court was made by S.M.SUBRAMANIAM, J.) The common order passed in batch of writ petitions on 09.11.2020 is under challenge in the present writ appeals.
2.
The complex factual situation arose with reference to the claim of the parties before us. One set of parties are quarrying operators and other set are the residents in that locality. The quarrying operators would submit that they have valid license to quarry. Equally, residents would submit that they have got building plan permission from the appropriate Authority and residing there. It is not in dispute between the parties that the quarrying operations are allowed within the prohibited area. Equally, the quarrying operators would submit that the residential building permission were granted within the prohibited area after granting license to quarry. Such nature of disputed facts are to be decided by the competent Authority based on documents and evidences available on record and by applying the rules and regulations applicable. High Court in exercise of powers of Judicial Review cannot adjudicate such disputed facts merely based on the averments made Page No.13 of 19
between the parties.
3.
The learned Single Judge set aside the layout approvals and allowed the quarrying operations to go on. This created an issue amongst the parties, more specifically, the residents of that locality. We could able to find lack of co-ordination amongst the Authorities in dealing with such matters. While granting license for quarrying, the Authorities competent under the Act must ensure that the mining operations are permitted in accordance with the limits prescribed. Equally, the Authorities while sanctioning layout approval/building plan permission has to ensure that laws applicable are not violated.
4.
Who committed violations at the first instance or such permissions are granted in an irregular or illegal manner are to be adjudicated in an effective manner by affording opportunity to the parties and by identifying Officials, who have committed such violations. The Officials, who have committed such illegality or violations are also be prosecuted in the manner known to law.
Page No.14 of 19
5.
In view of the complex facts and circumstances, we are of the opinion that the relief granted to quarrying operators may not be approved by this Court. When the parties are claiming right based on the permissions/licenses/layouts granted, all such issues are to be adjudicated elaborately to form a final opinion. High Court ought not to have entertained such disputed issues between the parties. Therefore, we are inclined to interfere with the order impugned.
6.
Accordingly, the common order dated 09.11.2020 in W.P.Nos.9668, 23248, 23254 & 23258 of 2019 and W.P.No.73 of 2020 is set aside. However, we are inclined to direct the District Collector, Coimbatore to adjudicate all the issues comprehensively by affording opportunity to all the parties and uninfluenced by the stand taken by the Authorities in the writ petitions or in the writ appeals and on merits and in accordance with the law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. Till such time the District Collector pass final orders, the respective parties are directed to maintain status quo in respect of their activities as on today. The District Collector may consider further renewal of quarrying operations or Page No.15 of 19
otherwise taking note of the factual situation0 prevailing in that locality. 7.
Accordingly, all the Writ Appeals stand disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S., J.] [C.K., J.] 04.07.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Principal Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.
The Principal Secretary, Page No.16 of 19
Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 059.
3.
The District Collector, District Collectorate, State Bank Road, Coimbatore - 641 018.
4.
The Commissioner, The Director of Town and Country Planning, Fourth Floor, 807, Anna Salai, Chennai - 600 002.
5.
The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
6.
The Member Secretary, The Coimbatore Local Planning Authority, Corporation Shopping Complex, Sivananda Colony, Coimbatore - 641 012.
7.
The Assistant Director, Department of Geology and Mining, District Collectorate, Coimbatore - 641 018.
8.
The Block Development Officer, Sulur Panchayat Union, Coimbatore.
Page No.17 of 19
9.
The Block Development Officer, Sulthanpet Panchayat Union, Coimbatore.
10.
The Sub-Registrar, Singanallur Sub Registrar Office, Pechiannan Devar Complex, Chinthamani Pudur, Coimbatore - 641 016.
11.
The President/Special Officer, Peedampalli Village, Sulur Taluk, Coimbatore District.
12.
The President/Special Officer, Kallapalayam Village, Sulur Taluk, Coimbatore District.
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
veda Page No.18 of 19
Judgment in W.A.Nos.982, 1245 to 1247 and 1249 of 2021 (5 cases) 04.07.2024 Page No.19 of 19