R.Krishnamurthy v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No. 8420 of 2022 R.Krishnamurthy ..Petitioner(s) Vs

1. The Deputy Director, Mines Department, Collectorate, Namakkal.

2. The Revenue Divisional Officer, Tiruchengode Taluka, Namakkal District.

3. Mrs.K.C.Radha ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the representation of the petitioner dated 28.01.2022 and thereby defer from granting any permission to the 3rd respondent for carrying on mining operations including setting up of Brick Kiln in the agricultural lands, pending disposal of the appeal filed and pending on the file of the 2nd respondent dated 6.10.2021 for cancellation of the patta issued to the 3rd respondent.

For Petitioner(s) :

Mr.K.A.Mariappan For Respondent(s) :

Mr.E.Vijay Anand, AGP for R1 & 2 Mr.C.Prakasam for R3

ORDER

This writ petition is filed to direct the first respondent to consider the representation dated 28.01.2022.

2. Learned counsel for the petitioner would submit that the petitioner has made a representation dated 28.01.2022 to defer from granting any permission to the 3rd respondent for carrying on mining operations including setting up of Brick Kiln in the agricultural lands, pending disposal of the appeal, on the file of the 2nd respondent dated 06.10.2021 for cancellation of the patta issued to the 3rd respondent.

3. When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that, owing to the presence of a seasonal waterfall in proximity to the subject property, no license had been granted to the third respondent to operate a brick kiln, as alleged by the petitioner.

4. In view of the above, no further order is required in the present writ petition. However, if the third respondent establishes that there is no seasonal waterfall or odai in proximity to the subject land, the official respondent shall be at liberty to consider the same and pass appropriate orders in accordance with the law.

With the aforesaid observation and direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

07-04-2026 Index: Yes/No Speaking/Non-speaking order VM To:

1. The Deputy Director, Mines Department, Collectorate, Namakkal.

2. The Revenue Divisional Officer, Tiruchengode Taluka, Namakkal District.

KRISHNAN RAMASAMY J.

VM 07-04-2026