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Madras High CourtWP/5792/2024disposed of with direction

S.M.Karthikeyan v. The District Collector

2026-03-23Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2026 CORAM :

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.M.Karthikeyan .. Petitioner

Versus

1. The District Collector, Office of the District Collector, Ranipet, Ranipet District.

2. The District Revenue Officer, Ranipet, Ranipet District.

3. The Tahsildhar, Office of the Arcot Taluk, Ranipet, Ranipet District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent herein confirming the order passed by the 2nd respondent vide Na.Ka/A5/05/2023, dated 24.01.2024, consequently grant permission for transportation of soil from the petitioner's own land comprised in Sy.No.440/3, at Sathur Village, Arcot Sub-taluk, Ranipet District.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.Stalin Abimanyu, Additional Government Pleader 1/5

ORDER

This Writ Petition is filed for a direction to the first respondent herein, confirming the order passed by the second respondent vide Na.Ka/A5/05/2023, dated 24.01.2024 and consequently grant permission for transportation of soil from the petitioner's own land comprised in Sy.No.440/3, at Sathur Village, Arcot Sub-taluk, Ranipet District.

2. It is the contention of the petitioner that he made an application for grant of permission for transportation of soil from his own land in S.No.440/3, at Sathur village, Arcot Sub-taluk, Ranipet district.

3. The relevant portion of the counter-affidavit filed by the respondents reads as follows:- "3) With regard to the Paragraph 4 of the Petitioner's affidavit is concerned, it is submitted that the contention raised by the Writ Petitioner is not correct. Till the date of filing of this Writ Petition by the Writ Petitioner before this Hon'ble Court, he has not submitted any application to the 1st respondent herein i.e., District Collector, Ranipet and only on 15.02.2024, the Writ Petitioner has sent an application that too without enclosing any documents under Rule-44 of Tamil Nadu Minor Mineral Concession Rule, 1959 to the District Collector, Ranipet by Registered Post.

4) It is further submitted that the Writ Petitioner ought to have submitted the following documents to the 1st respondent, to initiate appropriate actions:- a) Requirement for Rule-44 Application Documents 2/5

Income Tax Affidavit.

No Mining Dues Certificate.

Quarry lease Affidavit Identity proof - Aadhar card PAN card Land Documents Chitta Adangal FMB Sketch A-Registar Joint Director, Agriculture Certificate Passport Size photo Application Fee paid Rs.1,500/- b) Soil Test Lab report from the Authorised laboratory shall be obtained and to be submitted by the Writ Petitioner to this office."

4. Heard the learned Counsel on either side and perused the materials available on record.

5. In view of the counter-affidavit, the petitioner is granted liberty to make an application by annexing the aforesaid documents within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the respondents may consider the application of the petitioner and pass orders within a period of twelve weeks from the date of receipt of the application.

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6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

23.03.2026 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Office of the District Collector, Ranipet, Ranipet District.

2. The District Revenue Officer, Ranipet, Ranipet District.

3. The Tahsildhar, Office of the Arcot Taluk, Ranipet, Ranipet District.

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M.DHANDAPANI, J.

grs 23.03.2026 5/5