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Madras High CourtWP/5455/2026disposed of

K.Thangaraj, v. The District Collector,

2026-02-16Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.5971 of 2026 K.Thangaraj, S/o. S.Kandhasamy Gounder K1/3, Erikadu, P.Ayipalayam Gurusamipalayam Post Rasipuram Taluk Namakkal District.

Petitioner(s) Vs

1. The District Collector Namakkal.

2. The Assistant Director Department of Geology and Mines Namakkal.

3. The Special Officer Pillanallur Town Panchayat Pillanallur, Namakkal District.

4. P. Mageswaran P and C Projects Private Limited 140, Perundurai Road Erode District.

Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the 4th respondent from excavating, extracting or removing any soil or minor mineral in any manner whatsoever from Pillanallur Lake, comprised in Survey No.66, Pillanallur Village, Rasipuram Taluk, Namakkal District and conduct a joint inspection and scientific assessment of the quantity of soil illegally excavated from the said lake, and initiate appropriate civil, criminal and revenue recovery proceedings against the 4th respondent for violation of the Tamil Nadu Minor Mineral Concession Rules, 1959 consequently direct the respondents 1 to 3 to take appropriate steps for restoration, reclamation and rejuvenation of the Pillanallur Lake to its original condition at the cost of the 4th respondent, under the supervision of competent environmental authorities within a reasonable time as fixed by this Honble Court. For Petitioner(s):

Mr. R.Nalliyappan For Respondent(s):

Mr. E.Vijay Anand Addl. Govt. Pleader for R1 to R3 Mr. V.Raghavachari Senior Counsel For Mr. Ma.Pa.Thangavel for R4.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed seeking issuance of direction for cancellation of lease granted to fourth respondent on the allegation that fourth respondent is carrying out mining activity in violation of the terms and conditions of lease.

2. We find that a complaint has been submitted on 23.01.2026.

3. Learned State counsel would submit that pursuant to the complaint made by petitioner, the matter was examined and drone survey is proposed to be conducted.

4. Learned counsel appearing for fourth respondent would submit that the complaint is motivated and fourth respondent is carrying out mining activity strictly in accordance with terms and conditions of lease.

5. As to whether fourth respondent is involved in illegal mining of lease is a matter to be examined by the competent authority after conducting survey. Since survey is already contemplated, this Court is not inclined to proceed with the matter.

4. Petition is disposed of, giving liberty to authorities to conduct survey and verify the complaint and take action, if necessary, after hearing the private respondent. There shall be no order as to costs. Consequently, the interim application is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.02.2026 Index :

Yes/No Yes/No kpl To

1. The District Collector Namakkal.

2. The Assistant Director Department of Geology and Mines Namakkal.

3. The Special Officer Pillanallur Town Panchayat Pillanallur, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 16.02.2026