M/S.Jai Krishna Blue Metal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s. Jai Krishna Blue Metal, Rep. by its Proprietor, Jagadeeswari, No.5, Kovai, Paalar Path Post, Sokkannur, Coimbatore - 642 109.
... Petitioner -Vs1. The District Collector, Office of the District Collector, Coimbatore District.
2. The District Enviornmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore South.
3. The Superintendent of Police, Officer of the Superintendent of Police, Coimbatore District.
4. The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.
5. A.Sundaram
6. Kala
7. Suseela
8. Sathya
9. Karuppusamy
10. Mani
11. Kandasamy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd & 4th respondents to provide police protection to the petitioner to peacefully carry out the quarrying of gravel, m-sand and crushing operations in SF No.638/1 part, at Sokkanur Village, Kinathukadavu Taluk, Coimbatore in accordance with the consent order No.1901222596552 dated 08.04.2019 issued to the petitioner by the second respondent vide proceedings No.F.2085CBS/OS/DEE/ TNPCB/CBS/W/2019, dated 08.04.2019, valid upto 31.03.2024 by considering the petitioner's complaint in C.S.R.No.278 of 2022, dated 28.12.2022.
For Petitioner : Mr.S.Prasanna For Respondents For R1 : Mr.P.Balathandayutham Special Government Pleader For R3 & R4 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) For R6 to R11 : Mr.K.Venkatasubban For M/s. Sarvabhauman Associates
ORDER
This petition has been filed for direction directing the third and fourth respondents to provide police protection to the petitioner to peacefully carry out the quarrying of gravel, m-sand and crushing operations in SF No.638/1 part, at Sokkanur Village, Kinathukadavu Taluk, Coimbatore. 2.
It is seen that there is dispute between the petitioner and the
respondents 5 to 11 in respect of functioning of the petitioner's quarry activities of blue metals and M-sand in S.F.No.638/1 part, at Sokkanur Village, Kinathukadavu Taluk, Coimbatore. In view of the interim direction, the petitioner is running the M-sand and blue metal business. 3.
The learned Government Advocate (Crl. Side) appearing for the respondents 3 & 4 submitted that in respect of the dispute between the petitioner and the respondents 5 to 11, already peace committee meeting was conducted and resolved that the respondents 5 to 11 will not interfere with the business of the petitioner in future.
4.
Considering the above facts and circumstances, if the respondents 5 to 11 indulged any interference with the petitioner's business activities, the fourth respondent is directed to conduct enquiry and take appropriate action as against them in accordance with law. It is made clear that the petitioner shall proceed with the operation of quarry & crushing activities of blue metals and M-sand in accordance with law, after following the procedure as contemplated under the law.
5.
With the above directions, the Writ Petition stands disposed of.
There shall be no order as to costs.
10.02.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts
To
1. The District Collector, Office of the District Collector, Coimbatore District.
2. The District Enviornmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore South.
3. The Superintendent of Police, Officer of the Superintendent of Police, Coimbatore District.
4. The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.
5. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN. J, rts 10.02.2025