The President v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE The President, Puravipalayam Panchayat, Pollachi North Panchayat Union, Pollachi Taluk, Coimabtore District-642 110 Rep. By Mr.L.Nagendran

...Petitioner

Vs.

1.The District Collector, Collectorate Buildings, Coimbatore-18 2.The Director, Director of Geology and Mining, Guindy-Industrial Estate, Guindy, Chennai-600 032 3.The Joint Director, Mines and Minerals Department, Collectorate Buildings, Coimbatore-18 4.The Member Secretary, State Level Environment Impact Assessment Authority-Tamilnadu,

3rd Floor, Panagal Maligai, No.1, Jennis Road, Saidapet, Chennai-600 015 5.M/s.Alpha Silica Company, No.2A, ASD Puram, Mahalingapuram, Pollachi Taluk, Coimbatore District-642 002 Coimbatore-642 110 Rep. By its Managing Partner, Mr.Aravindh Muthusamy 6.Velumani (R6 impleaded as per order dated 08.11.2023 in WMP.No.30283 of 2023 in WP.No.9572 of 2021) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the fourth respondent to consider the representation of the petitioner dated 02.01.2021 seeking to cancel the environment clearance granted to the fifth respondent.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.B.Vijay Anand Additional Government Pleader for R1 to R3 Mr.K.Srinivasa Murthy SPCCG for R4 Mr.B.Sasidaran for R5 Mr.N.Umapathi for R6

ORDER

M.S.RAMESH, J.

and , J.

The Writ Petition has been filed to direct the fourth respondent to consider the petitioner's representation dated 02.01.2021, seeking to cancel the Environmental Clearance granted by SEIAA-TN / the fourth respondent herein to the fifth respondent for quarrying rough stone and gravel at Puravipalayam Village, Pollachi Taluk, Coimbatore District.

2. It is the case of the petitioner that the Clearance was obtained by the fifth respondent by concealment of material facts and misrepresentation, overlooking statutory rules and the proximity of the site to agricultural lands, habitations, temples, water bodies, and irrigation sources. Since the impugned clearance endangers the livelihood of local residents, the petitioner made a representation dated 02.01.2021 to the fourth respondent. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

3. Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the first respondent to consider the representation of the petitioner dated 02.01.2021, seeking to cancel the environment clearance granted to the fifth respondent, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [R.S.V., J] 18.09.2025 Index: Yes/No Speaking/Non-speaking order Anu To 1.The District Collector, Collectorate Buildings, Coimbatore-18 2.The Director, Director of Geology and Mining, Guindy-Industrial Estate, Guindy, Chennai-600 032 3.The Joint Director, Mines and Minerals Department, Collectorate Buildings, Coimbatore-18 M.S.RAMESH, J.

and , J.

Anu

4.The Member Secretary, State Level Environment Impact Assessment Authority-Tamilnadu, 3rd Floor, Panagal Maligai, No.1, Jennis Road, Saidapet, Chennai-600 015 5.The Public Prosecutor, High Court, Madras.

18.09.2025