K.Munusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP Nos. 3968 and 3970 of 2026 K.Munusamy S/o.Kali, No.1/161, Dhalavaihalli Street, Maariyampatti Village, Dhalavaihalli Post, Dharmapuri Taluk and District Pincode - 635 305.

..Petitioner(s) Vs

1. The District Collector Vellore District, Vellore.

2. The Assistant Director of Geology and Mining Department of Geology and Mining, Vellore District, Velllore ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the 2nd respondent relating to the order passed in Na.Ka.No.276/2024 (Kanimam) dated 28.11.2025 quash the same and direct the 2nd respondent Assistant Director of Geology and Mining, Vellore to issue transport permit to the petitioner on payment of seigniorage fee and other charges, for transporting the quarried materials from the leasehold area admeasuring 2.15.0 Hectares in S.F. Nos. 255/2, 255/7 and 258/2 in Karadikudi Village, Anaicut Taluk, Vellore District.

For Petitioner(s):

Mr.V. Sanjeevi For Respondent(s):

Mr.Stalin Abhimanyu Additional Government Pleader [R1 & R2]

ORDER

The above writ petition has been filed for the following relief : "To issue a Writ of Certiorari calling for the records of the 2nd respondent relating to the order passed in Na.Ka.No.276/2024 (Kanimam) dated 28.11.2025 quash the same and direct the 2nd respondent Assistant Director of Geology and Mining, Vellore to issue transport permit to the petitioner on payment of seigniorage fee and other charges, for transporting the quarried materials from the leasehold area admeasuring 2.15.0 Hectares in S.F. Nos. 255/2, 255/7 and 258/2 in Karadikudi Village, Anaicut Taluk, Vellore District."

2. The petitioner is engaged in the business of quarrying rough stone and gravel. The petitioner had submitted his quarry lease application dated 19.01.2021 before the second respondent, and lease was granted to the petitioner to quarry rough stone and gravel in the patta lands admeasuring 2.15.5 hectares is Karaikudi Village, Anaicut Taluk, Vellore District for a period of 10 years commencing from 02.08.2023 to 01.08.2033. On 22.09.2025, the petitioner had applied for transport permit through online by remitting seigniorage fees and other charges for transporting 4,792 MTs of rough stones. Since the transport permit was not granted, the petitioner made a

representation on 29.09.2025 and on 06.10.2025 to the District Collector, the first respondent with a copy marked to the second respondent. There was no response to the representations submitted by the petitioner. Aggrieved by the same, the petitioner had approached this Court in W.P.No.39631 of 2025 seeking a direction to the 2nd respondent to issue transport permit. This Court by order dated 23.10.2025 had directed the 2nd respondent to consider and pass orders within a period of two weeks, upon receiving report from the Deputy Superintendent of Police and Tahsildar of Anaicut Taluk, Vellore District.

3. Pursuant to the directions of this Court, the second respondent by proceedings dated 28.11.2025 has passed the impugned rejection order refusing to grant transport permit stating that if transport permit is issued to the petitioner, there is every possibility of creating law and order problem. Aggrieved by the impugned proceedings of the second respondent, the petitioner is before this Court.

4. Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that in the impugned order itself, the petitioner had been intimated that he can avail the alternate remedy under Rule 36C of Tamil Nadu Minor Minerals Concessions Rules, 1959, within a period of 30 days . Despite such an effective remedy being available to

the petitioner, the petitioner has rushed to the Court, without availing the same.

5. In the light of the above submissions, without going into the merits of the case, this Court is of the opinion that the petitioner can very well avail the alternate remedy available to him under Rule 39C of the Tamil Nadu Minor Minerals Concessions Rules, 1959, which is an effective remedy. Accordingly, the writ petition is dismissed, with liberty to petitioner to approach the Appellate Authority within a period one week from the date of receipt of a copy of this order. The Appellate Authority shall entertain the appeal without raising the issue of delay as the time spent before this Court shall be excluded and shall pass orders within a period of three weeks from the date of appeal being filed before it. No costs. Consequently, connected miscellaneous petitions are closed.

11-02-2026 Index: Yes/No Speaking/Non-speaking order DS

To:

1. The District Collector Vellore District, Vellore.

2. The Assistant Director of Geology and Mining Department of Geology and Mining, Vellore District, Velllore

P.T.ASHA J.

DS AND WMP Nos. 3968 & 3970 of 2026 11-02-2026