N.Subash v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI IN WP NO. 7958 OF 2025 N.Subash S/o.Natarajan, B Block, T23, 4th Floor, Yahvi Apartment, Thondamuthur Road, Vadavalli, Coimbatore-641 046 ..Petitioner(s) Vs
1. The Government Of Tamil Nadu Rep. by its Secretary to Government, Natural Resources Department, Fort St. George, Chennai-600 009
2. The Commissioner Of Geology And Mining Department Of Geology And Mining, Guindy, Chennai-600 002
3. The District Collector Tirupathur District, Tirupathur
4. The Assistant Director Of Geology And Mining Department Of Geology And Mining, Collectorate, Tirupathur District, Tirupathur ..Respondent(s) Petition filed to issue an order of interim stay of the operation of the impugned order of the 3rd respondent passed in Rc.No.65/2024(Mines) dated 25.1.2025 demanding 100 percentage cost of mineral for the excess volume of granite over the above the volume mentioned in the E.C.and the approved mining plan from the patta land (leasehold area) in S.F.Nos.454(1.18.6 hectares) and
454/2B(0.38.4hectares)of Athanavoor village, Thiruppathur Taluk, formerly vellore District now Thiruppathur District pending disposal of the above writ petition For Petitioner(s):
Mr.V.Sanjeevi
ORDER
This Writ Miscellaneous Petition has been filed to issue an order of interim stay of the operation of the impugned order of the third respondent passed in RC.No.65/2024 (Mines) dated 25.1.2025 demanding 100 percentage cost of mineral for the excess volume of granite over the above the volume mentioned in the E.C. and the approved mining plan from the patta land (leasehold area) in S.F.Nos.454 (1.18.6 hectares) and 454/2B (0.38.4hectares) of Athanavoor Village, Thiruppathur Taluk, formerly Vellore District now Thiruppathur District pending disposal of the above Writ Petition.
2. Heard the learned counsel for the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner had obtained quarry lease permission from the Government of Tamil Nadu on 06.04.2015, for quarrying multi coloured granite for his patta lands measuring to an extent of 1.57.00 hectares in S.F.Nos.454 (1.18.6 hectares) and 454/2B
(0.38.4hectares) of Athanavoor Village, Thiruppathur Taluk, formerly Vellore District, now Thiruppathur District for a period of 20 years commencing from 21.05.2015 and had also obtained Environment Clearance [EC] Certificate on 27.03.2015 from the State Level Environment Impact Assessment Authority of Tamil Nadu as well as Approval Mining Plan from the Commissioner of Geology and Mining on 12.09.2014. He further submitted that the third respondent has passed the impugned order dated 25.01.2025, demanding a sum of Rs.1,08,19,826/- for quarrying granite for the volume of 818.258 cu.m. over and above the approved mining plan and E.C. for the period from 2015-2016 to 2018-2019. He contended that the third respondent has passed the said impugned order without providing any opportunity of hearing to the petitioner as well as any notice, which is in clear violation to the principles of natural justice and hence, challenging the same, the petitioner has come forward with the present Writ Petition.
4. It is also brought it to the notice of this Court that an interim stay was already granted by this Court in this matter till 17.03.2025 vide order dated 06.03.2025.
5. Considering the facts and circumstances of the case and also taking note of the submissions of the learned counsel for the petitioner and also the earlier interim order of this Court dated 06.03.2025, this Court is of the view
that a prima-facie case has been made out by the petitioner for grant of an interim stay, however on certain conditions. Accordingly, there shall be an order of interim stay on condition that the petitioner shall deposit Rs.25 Lakhs out of the demand amount as per the directions issued in the impugned order of the third respondent dated 25.01.2025, within a period of four weeks from the date of receipt of a copy of this order.
5. Notice.
16-04-2026 Index: Yes/No Speaking/Non-speaking order DP To
1. The Government Of Tamilnadu Rep By Its Secretary To Government, Natural Resources Department, Fort St.George, Chennai-600 009
2. The Commissioner Of Geology And Mining Department Of Geology And Mining Guindy, Chennai-600 002
3. The District Collector Tirupathur District, Tirupathur
4. The Assistant Director Of Geology And Mining Department Of Geology And Mining, Collectorate, Tirupathur District, Tirupathur
M.DHANDAPANI, J.
DP IN WP NO. 7958 OF 2025 16-04-2026