R.Chandrasekaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI W.M.P.Nos.8923, 8925 & 8928 of 2026
1. R.Chandrasekaran
2. P.Sivasamy
3. R. Rasammal
4. M.Komarasamy
5. P.Thangaraj ..Petitioner(s) Vs
1. The District collector Office of the District collector, Erode district, Erode
2. The Deputy Director of Geology and Mining Erode District, Erode
3. The District Environmental Engineer Tamil Nadu Pollution Control Board, Perundurai, Erode District
4. The Revenue Divisional officer Gobichettipalayam, Erode District
5. The Tahsildar Nambiyur Taluk, Erode District.
6. Anjanur Village Panchayat Rep by its Executive officer Anjanur Villaage, Erode District
7. M. Thangavelu ..Respondent(s)
Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorari or any other appropriate Writ Order or Direction in the nature of Writ, calling for the records relating to the order of the 2nd respondent dated 08.02.2023 in Rc.No.1360 / Mines / 2020 and quash the same.
For Petitioner(s):
Mr.K.Selvaraj For Respondent(s):
Mr.U.Baranidharan Special Government Pleader For R1 to R6
ORDER
The Writ Petition has been filed seeking to quash the order of the 2nd respondent dated 08.02.2023 in Rc.No.1360 / Mines / 2020. 2.The learned counsel for the petitioners submits that the petitioners own lands in survey No.46/1A, 43/2, 43/3, 43/4, 43/5, 46/1B, 53/2 and 19/2 of Panangattupalayam Village. The seventh respondent, who owns land in Survey No.45/2, of the same village, applied for the grant of a quarrying licence. In response, the petitioners submitted a representation to the official respondents on 22.09.2021, requesting them not to grant the license. They contended that quarrying would endanger the lives of residents, and school going children and adversely affect agricultural operations. Despite the villager's objection, the official respondents granted quarrying licence to the 7th respondent via an order dated 08.02.2023. Challenging this order, the present Writ Petition has been filed.
3.The learned counsel for the petitioners further submits that this Court may permit the petitioners to file an appeal before the District Collector / first respondent under Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959 and prays for appropriate orders. 4.The learned Special Government Pleader appearing for the respondents 1 to 6 submits that the quarrying license was granted to the seventh respondent in accordance with the Environmental Clearance issued by the State Level Environmental Impact Assessment Authority. He contends that if the petitioners are aggrieved, their remedy lies in filing an appeal under Section 16 (h) of the National Green Tribunal Act, 2010. He further submits that a similar issue was considered by a Division Bench of this Court in Writ Petition No.8612 of 2025 which by order dated 08.08.2025, directed the aggrieved parties to approach the National Green Tribunal. Accordingly, he prays for dismissal of this Writ Petition.
5.Heard the learned counsels on either side and perused the materials available on record.
6.The grievance expressed by the petitioners is that the official respondents granted the quarrying license to the seventh respondent despite objections and evidence that residential houses are situated within 300 metres of
the quarry site. However, without challenging the Environmental Clearance issued by the State Level Environmental Impact Assessment Authority, before the National Green Tribunal, the District Collector cannot independently consider the petitioner's appeal on these grounds. The same issue was dealt with by the Division Bench of this Court in W.P.No.8612 of 2025. Following the same reason, the present Writ Petition is dismissed, with liberty to the petitioners to approach the National Green Tribunal in a manner known to law. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 03-03-2026 Index: Yes/No Speaking/Non-speaking order ep
To
1. The District collector Office of the District collector, Erode district, Erode
2. The Deputy Director of Geology and Mining Erode Distrct, Erode
3. The District Environmental Engineer Tamil nadu Pollution Control Board, perundurai, Erode District
4. The Revenu Divisional officer Gobichettipalayam, Erod District
5. The Tahsildar Nambiyur Taluk, Erode District
6. Anjanur Village Panchayat Rep by its Executive officer Anjanur Vilalge, Erode District
M.DHANDAPANI, J.
ep W.M.P.Nos.8923, 8925 & 8928 of 2026 03-03-2026