M/S. Suryya Blue Metals v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2018 CORAM :

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.20577 of 2011 and M.P. Nos. 1 & 2 of 2011 M/s. Suryya Blue Metals Rep. By Partner S. Srinivasan ..Petitioner Vs.

1.The District Collector Salem District Salem.

2.The Superintendent of Police Salem District Salem.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board Salem District.

4. Inspector of Police Karipatty, Vazhapadi Taluk Salem District.

5. Susai Alangaram Head Master St. Mary's Higher Secondary School A.N. Mangalam Minnampalli Post Valapadi Taluk, Salem District. ..Respondents PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd and 4th respondents from interfering in any manner with the quarrying operations of the petitioner firm in the lands comprised in Survey No.58/3 (part) totalling 3.04.0 hectares in Minnampalli village, Vazhapadi Taluk, Salem District and pass further orders.

For Petitioner : Mr. M. Sivavarthanan For Respondents : Mr. Neelakandan Government Advocate for R1, 2 & 4 No Appearance for R3 & R5

O R D E R

This Writ Petition has been filed for the aforesaid prayer, before this Court.

2. The learned counsel for the petitioner would submit that the petitioner was carrying out quarry operations based on the lease deed dated 23.06.2009, in Survey No.58/3 (Part) over an extent of 3.04.0 hectares in Minnampalli village, Vazhapadi Taluk, Salem District. Whileo, based on the complaint given by the 5th respondent School, the 2nd and 4th respondent are causing disturbance for the smooth operation of the petitioner company. Aggrieved by the same, the petitioner has come before this Court and obtained an order of stay on 12.09.2011.

3. The first respondent has filed the counter affidavit before this Court. Today, when the matter was taken up for hearing, learned Government Advocate representing the respondents submitted before this Court, the status report filed by the 1st respondent. The learned counsel drew the attention of this Court to paragraph 3 of the status report, wherein it is stated that the quarrying permission has been stopped from 11.01.2017, due to non-submission of Environment Clearance Certificate.

4. Therefore, no quarrying operations are carried out in Survey No.58/3 (Part) over an extent of 3.00 hectares in Minnampalli village, Vazhapadi Taluk, Salem District, which is the subject matter of this writ petition.

5. In view of the above, the writ petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The District Collector Salem District Salem.

2.The Superintendent of Police Salem District Salem.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board Salem District.

4. Inspector of Police Karipatty, Vazhapadi Taluk Salem District.

+1 cc to M/s.M.Sivavarthanan, Advocate Sr.No.78440 +1 cc to The Government Pleader, Sr.No.78759 W.P.No.20577 of 2011 and M.P. Nos. 1 & 2 of 2011 CNR(CO) CSL/14.12.2018