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Madras High CourtWP/4133/2024disposed of

P.Perumal v. The Government Of Tamil Nadu

2024-02-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Perumal .. Petitioner vs 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Revenue Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Director of Geology and Mining, Guindy, Chennai-600 032.

3.The District Collector, Krishnagiri District, Krishnagiri.

4.The Assistant Director, Department of Geology and Mining, Collector's Office, Krishnagiri District.

5.The Tahsildar, Shholagiri Taluk, Krishnagiri District.

6.C.Narayanappa .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing 1 to 5 respondents to forbear the 6th respondent from doing quarryig operation in Kamanthotti Village, Shoolagiri Taluk, Krishnagiri District and to protect the public of Shoolagiri Taluk at large. For the Petitioner : Mr.S.Sarath Chandran for Mr.M.P.Saravanan For the Respondents : Mr.K.Karthik Jegannath Government Advocate for respondents 1 to 5

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Sarath Chandran, learned counsel for Mr.M.P.Saravanan, learned counsel for the petitioner; and, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 to 5.

2. It is submitted that the sixth respondent is carrying on quarrying activities near Survey No.1271 situated at Kamanthotti

Village of Soolagiri Taluk illegally. Owing to the illegal quarrying activities, damage is caused to the agricultural lands, houses and injury to persons.

3. Learned Government Advocate submits that environmental clearance for quarrying operation was granted on 22.02.2022. Thereafter, a lease deed was executed on 27.03.2022. It is not a case of illegal quarrying.

4. The concerned authority would conduct a survey within one month and, if any illegality is found, then action in accordance with law would be taken.

5. With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Principal Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Director of Geology and Mining, Guindy, Chennai-600 032.

3.The District Collector, Krishnagiri District, Krishnagiri.

4.The Assistant Director, Department of Geology and Mining, Collector's Office, Krishnagiri District.

5.The Tahsildar, Shholagiri Taluk, Krishnagiri District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 21.02.2024