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Madras High CourtWP/9393/2025disposed of

P.Jaganathasamy v. The Collector

2025-03-19Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.10546 of 2025 P.JAGANATHASAMY ... Petitioner Vs 1.

THE COLLECTOR, TIRUPPUR, TIRUPPUR DISTRICT.

THE TAHSILDAR, MADATHUKULAM TALUK, TIRUPPUR DISTRICT.

THE DEPUTY DIRECTOR OF GEOLOGY AND MINING, TIRUPPUR, TIRUPPUR DISTRICT.

M/S.K.M.S.KARUPPASAMY QUARRY MYVADI-2 VILLAGE, MADATHUKULAM TALUK, TIRUPPUR DISTRICT.

5.

V.UMADEVI DAUGHTER OF DHANDAPANI, 2/47, PERIYAPAPPANUTHU, UDUMALPET-642 207, TIRUPPUR DISTRICT.

6.

M/S.AKSHAYARAJ BLUE METALS, MYVADI-2 VILLAGE, MADATHUKULAM TALUK, TIRUPPUR DISTRICT.

7.

THE DISTRICT ENVIRONMENTAL ENGINEER, TIRUPPUR(SOUTH) - 641 664, TIRUPPUR DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the 1/5

issuance of Writ of Mandamus, directing the first respondent to take appropriate action on the petitioner's complaint dated 23.12.2024 against the illegal crushing operations of the sixth respondent and also the excessive and illegal quarrying carried out by the fourth and fifth respondent all situate in Myvadi village, Madathukulam Taluk, Tiruppur District and completely stop their illegal quarrying and crushing operations within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Manojkumar For R1 to R3 : Mr.Stalin Abimanyu Additional Government Pleader

ORDER

The writ petition is filed seeking for a mandamus to the first respondent to take appropriate action on the petitioner's complaint dated 23.12.2024 against the illegal crushing operations of the sixth respondent and also the excessive and illegal quarrying carried out by the fourth and fifth respondent all situate in Myvadi village, Madathukulam Taluk, Tiruppur District and completely stop their illegal quarrying and crushing operations within a time limit to be stipulated by this Court.

Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the writ petition as well as the representation that is made, it can be seen that it is the grievance of the petitioner that illegal 2/5

crushing operations as well as quarrying operations are done which not only affects the environment in general but the lands of the petitioner also, which is situated adjacent to the site.

When the matter came up for admission, Mr.Stalin Abimanyu, the learned Additional Government Pleader taking notice on behalf of the respondents 1 to 3 would submit that already the complaint of the petitioner is taken up for consideration. There is a Taluk Level Task Force Committee that is formed for every taluk. Accordingly, the Madathukulam Taluk Level Task Force Committee was directed to inspect and submit a report and as and when report is submitted, further action will be taken. In view of the submission made, the writ petition is disposed of at the admission stage without notice to the respondents 4 to 7 on the following terms, as this Court is not positively deciding on the allegations that are made one way or the other:

(i) The Madathukulam Taluk Level Task Force Committee shall inspect the site and submit its report within a period of three weeks from the date of recipet of web copy of the order without waiting for the certified copy of the order. A copy of the report shall also be furnished to the petitioner and 3/5

the petitioner shall also be heard.

(ii) The District Collector / first respondent shall take further action in accordance with law depending on the outcome of his enquiry. The said action shall be completed within a further period of four weeks from the date of receipt of the report of the Taluk Level Committee. (iii) The parties shall act on the production of the web copy of the order without waiting for the certified copy of the order. No costs. Consequently, connected miscellaneous petition is closed. 19.03.2025 veda To 1.

THE COLLECTOR, TIRUPPUR, TIRUPPUR DISTRICT.

THE TAHSILDAR, MADATHUKULAM TALUK, TIRUPPUR DISTRICT.

THE DEPUTY DIRECTOR OF GEOLOGY AND MINING, TIRUPPUR, TIRUPPUR DISTRICT.

THE DISTRICT ENVIRONMENTAL ENGINEER, TIRUPPUR(SOUTH) - 641 664, TIRUPPUR DISTRICT.

D.BHARATHA CHAKRAVARTHY, J.

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