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Madras High CourtWP/9138/2026dismissed

T.Soundarajan v. The District Collector

2026-04-20Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI T.Soundarajan S/o.Thambiran, No.4/1, Mavalingamman Kovil Street, Mullikulathur Village, Thirukkazhikunram Taluk, Chengalpattu District-603 109 ..Petitioner Vs

1. The District Collector Collectorate GST Road, Chengalpattu-603 001.

2. The Assistant Director / Deputy Director Department of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai-600 032

3. The Chairman represented by its National Highways Authority of India (NHAI), Ministry of Road Transport and Highways, Government of India, G-5 and G-6, Sector-10, Dwarka, New Delhi-110075

4. The Secretary to Government, Industries Department (Mines/Natural Resources), Fort St. George, Secretariat, Chennai-600 009.

5. The Secretary to Government, Public works Department / water Resources Department, Fort St. George,

Secretariat, Chennai-600 009

6. The Executive Engineer, Water Resources Department, Palar Basin Division, Kancheepuram.

7. The Sub Collector, Chengalpattu District-603 001.

8. The Tahsildar, Thirukazhukundram Chengalpattu District-603 001.

9. The Village Administrative officer Mullikulathur Village, Thirukazhukundram, Chengalpattu District-603 001 10.M/s.JSRIDPL ARIFL(JV) Amobindo Realigy and Infrastructure P.Ltd., No.16, Vivekanandha Street, Thirumoolar Colony, Anna Nagar West, Chennai-600 040.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorari Calling for the records relating to the proceedings of the District collector, Chengalpattu District, vide Na.Ka. No.547/ Mines/ 2024 dated 10.02.2026 issued in respect of granting permission to quarry ordinary earth from the lake comprised in Survey No.260, Mullikulathur Village, Thirukazhukudnram Taluk, Chengalpattu District, to Tvl. JSRDPL-APRIL(JV) m/s. Aurobinda Reality and Infrastructure pvt. Ltd., for utilization in the NH 33.2A Bharatmala Pariyojana Project and quash the same and also for issuance of Writ of Mandamus forbearing the respondents their men, agents, servants or anybody claiming through them, from in any

manner quarrying, excavating, removing ordinary earth or carrying on any mining activity in the lake comprised in Survey No.260, Mullikulathur Village, Thirukazhukundram Taluk, Chengalpattu District. For Petitioner:

Mr. B.L.JAYAKANDAN For Respondents:

Mr.Stalin Abimanyu (R1 and R2) Additional Government Pleader Mr.Su.Srinivasan (R3) Mr.A.Selvendran (R4 to R8) No appearance (R9) Mr.C.Vijay (R10) Mr.I.Calvin Jones for M/s.Ajmal Associates for Anna University ***

ORDER

The dispute raised in this Writ Petition is that as per the impugned order, the 1st respondent permitted the 10th respondent to quarry 30.024 metric tonnes of ordinary earth from the Mullikulathur lake in S.F.No.260 and to utilize the same for road works under NH 33.2A Bharatmala Pariyojana Project.

2. The grievance of the petitioner is that he is the owner and cultivator of agricultural lands situated in Mullikulathur village. The petitioner and several agriculturists of the Village are entirely dependent on the said lake for irrigation and in view of the impugned order, the 10th respondent has extracted ordinary sand in excess of permissible limit, due to which petitioner and other agriculturists of the aforesaid Village were affected. He therefore prays to set aside the impugned order.

3. This Court vide order dated 09.03.2026, directed the Dean, Anna University, Chennai to appoint any one the competent expert in the particular field to inspect the lake situated in S.F.No.260, Mullikulathur Village, Thirukazhukundram Taluk, Chengalpattu District to find out whether the ordinary sand was extracted as per the proceedings of the District Collector, Chengalpattu District and to file a report.

4. In compliance of the aforesaid direction, a report dated 10.04.2026 has been filed by the Experts appointed by the Dean, Anna University and the summary of findings are extracted hereunder:

"Summary of findings:

Considering the salient points observed in Sections 2.1 and 2.2 of the report, from the filed dry density at 3 locations and volume of ordinary sand excavated/extracted as arrived by DGPS method at 5 locations, it is evident that, based on the Tables 1 and 2, that the total volume of the ordinary sand/soil extracted in 5 areas is 14,224 m3 and corresponding weight of soil extracted is 24,693 metric tonnes, which is lower than the total quantity of 30,000 metric tonnes vide reference 1st cited (High court of judicature at Madras order W.P.No.9138 of 2026 dated 11.03.2026, page 5 to 8)

5. On a perusal of the aforesaid findings, it is clear the soil extracted is 24,693 metric tonnes, which is lower than 30,000 metric tonnes,which is permitted by the 1st respondent.

6. In view of the aforesaid report, no further order is required in this Writ Petition. Hence, this Writ Petition stands dismissed. The aforesaid report dated 10.04.2026, shall form part of the record. This order will not stand in the way of the 1st respondent in monitoring the 10th respondent and stop them from carrying on the quarry activities in case of violation. No costs. Consequently, connected Miscellaneous Petitions are closed. 20-04-2026 Index: Yes/No Speaking/Non-speaking order arr Note: Registry is directed to furnish the copy of the aforesaid report to the learned counsel for the petitioner, after due acknowledgment. To

1. The District Collector Collectorate GST Road, Chengalpattu-603 001.

2. The Assistant Director / Deputy Director Department of Geology and Mining Alandur Road, Guindy Industrial Estate, Guindy, Chennai-600 032.

3. The Chairman Rep. by its National Highways Authority of India (NHAI) Ministry of Road Transport and Highways, Government of India, G-5 and G-6, Sector-10, Dwarka, New Delhi-110075.

4. The Secretary to Government Industries Department (Mines/Natural Resources) Fort St. George, Secretariat, Chennai-600 009.

5. The Secretary to Government, Public works Department / water Resources Department, Fort st. George, Secretariat, Chennai-600 009.

6. The Executive Engineer Water Resources Department, Palar Basin Division Kancheepuram.

7. The Sub Collector Chengalpattu District-603 001.

8. The Tahsildar Thirukazhukundram Chengalpattu District-603 001.

9. The Village Administrative officer Mullikulathur Village, Thirukazhukundram, Chengalpattu District-603 001

M.DHANDAPANI, J.

arr 20-04-2026