Madras High CourtWP/2497/2025disposed of

T.K.Loganathan v. The Collector

2025-08-20Honourable Mr Justice N. Anand Venkatesh9 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH T.K.Loganathan Petitioner(s) Vs

1. The Collector Erode District, Erode 2.The Revenue Divisional Officer Gobichettypalayam, Erode District 3.The Tahsildar Gobichettypalayam, Erode District 4.The District Forest Officer, Erode 638 004.

5.The Executive Engineer, Tamil Nadu Pollution Control Board, Erode 638 001.

6.The Commissioner, Department of Geology and Mining, Guindy, Chennai 600 032.

Respondent(s) (R4 to R6 are impleaded as per order dated 26.02.2025 in WP No..2497of 2025)

2/9 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.12.2024 and reminder dated 17.1.2025 and to raise the seal and lock open the petitioner's M-sand Manufacturing unit premises viz., STAR VSI Manufacturing Sand Unit situated in S.No.382/5 of Punjaithuraipalayam Village, Gobichettypalayam Taluk, Erode District. For Petitioner(s):

Mr.S.Doraiswamy For Respondent(s):

Mr.E.Vijay Anand Additional Government Pleader for R1 to R3 and R6 Mr.C.Selvaraj Additional Government Pleader for R4 Mr.V.Gunasekar Standing Counsel for R5

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 14.12.2024, wherein, the petitioner is seeking for raising the lock and seal that has been put up in the premises belonging to the petitioner by the 3rd respondent.

3/9 2.The case of the petitioner is that initially for the period from 2008-2015, he had license for quarry operation in the subject property. Thereafter, from the year 2019, he switched over to manufacture of M-Sand. Necessary permission was granted by the Tamil Nadu Pollution Control Board and it was extended from time to time and the final renewal was made till the year 2033. 3.The grievance of the petitioner is that all of a sudden on 14.12.2024, the 3rd respondent without notice or without conducting any enquiry, entered the premises of the petitioner and locked and sealed the premises. Aggrieved by the same, the petitioner submitted representation dated 14.12.2024 to the respondents and the same did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court. 4.

The 5th respondent has filed a counter affidavit. The 5th respondent has taken a stand that the petitioner was involved in stone crushing as well as manufacture of M-Sand.

4/9 stone and therefore, a decision was taken to disconnect the power supply and to close down the unit.

5.When the writ petition came up for hearing on 19.03.2025, this Court directed the Revenue authorities/Pollution Control Board, Forest Department and Geology & Mining Department to make a joint inspection and to submit a report before this Court.

6.Pursuant to the above order, the joint inspection report has been filed before this Court. The relevant portions are extracted hereunder:

5/9 7.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

8.It will not be necessary for this Court to go into the various grounds that have been raised in the writ petition, since the parties are now governed by the notification issued by the Ministry of Environment, Forest and Climate Change dated 19.02.2021, which provides for the activities which are prohibited within

6/9 the eco sensitive zone. Therefore, according to the respondents, the petitioner can neither have a stone crushing unit nor can manufacture M-Sand, since it is totally prohibited under the said Notification. This is in view of the fact that this unit is situated within one kilometre from the Sathyamangalam Tiger Reserve. 9.The petitioner should have been informed about these developments and notice could have been given to the petitioner before stopping the operations. The same has not been done and apart from that, the unit has been put under lock and seal.

10.For the present, this Court is inclined to direct the 3rd respondent to remove the lock and seal after getting an undertaking from the petitioner that they will not utilize the unit for either stone crushing or for manufacture of Msand. Thereafter, the 1st respondent will issue the proceedings to the petitioner as to why the petitioner cannot continue with the stone crushing and/or M-sand manufacture. On receipt of the same, it is left open to the petitioner to submit their reply and the same will be considered by the 1st respondent on its own

7/9 merits and in accordance with law and the final decision will be informed to the petitioner. During this process, the petitioner shall not undertake any stone crushing or manufacture of M-sand in the unit. If the final decision goes against the petitioner, it is left open to the petitioner to workout his remedy in the manner known to law. The 1st respondent shall complete the entire proceedings, within a period of eight weeks.

11.This writ petition is disposed of in the above terms. No Costs. 20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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5.The Executive Engineer, Tamil Nadu Pollution Control Board, Erode 638 001.

6.The Commissioner, Department of Geology and Mining, Guindy, Chennai 600 032.

9/9 N.ANAND VENKATESH J.

ssr 20-08-2025