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Madras High CourtWP/7275/2024dismissed

P.Murugan v. The Commissioner

2025-10-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.8129 & 8131 of 2025 P.Murugan ... Petitioner Vs 1.The Commissioner Department of Geology & Mining Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-635 of 115.

2.The District Collector, Krishnagiri-635 115.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the proceedings relating to the impugned Order of the 1st Respondent in Appeal Proceedings bearing Rc.7146/MM4/2022, dated 04.03.2024 and quash the same as arbitrary and illegal.

For Petitioner : Mr.P.S.Prabhu For Respondent : Mr.Stalin Abimanyu, Additional Government Pleader 1/4

O R D E R

Aggrieved by the impugned order passed by the 1st respondent, the present Writ Petition has been filed seeking to quash the same.

2. It is the case of the petitioner that, on 06.8.2020, one M.J.Shankar lodged a complaint against the petitioner and two other persons before the 2nd respondent alleging illegal operation of granite quarry in the subject lands. The said complaint was rejected vide order dated 27.09.2022 stating that a penalty of Rs.67,03,67,169/- had already been levied against the original lessee of the lands namely Anbaruvi and that no documentary evidence had been produced by the complainant to establish illegal quarrying by the petitioner and two other persons. Aggrieved by the order of rejection, the de-facto complainant preferred an appeal before the 1st respondent which was disposed of vide order dated 11.12.2023 directing the 2nd respondent to take appropriate action against the said persons including the petitioner, for illegal quarrying.

Subsequently, the said issue was revisited by the Commissioner of Geology and Mining who, vide the proceedings dated 04.03.2024 had recalled the earlier order dated 11.12.2023 and remitted back to the 2nd respondent for fresh consideration . Aggrieved by which, the present Writ Petition has been filed.

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3. Though a larger relief has been sought for in this Writ Petition, however, at the time of arguments, learned counsel for the petitioner submitted that the petitioner may be permitted to canvass all the points raised in this Writ Petition before the District Collector, Krishnagri.

4. Recording the said submission of the learned counsel for the petitioner, this Writ Petition stands dismissed with liberty to the petitioner to canvass all the points raised in the present Writ Petition before the District Collector, Krishnagiri so as to enable the said authority to decide the issue on merits. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

17.10.2025 (2/2) Index : Yes / No Speaking Order / Non-speaking order Nhs 3/4

M.DHANDAPANI, J Nhs To 1.The Commissioner Department of Geology & Mining Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-635 of 115.

2.The District Collector, Krishnagiri-635 115.

17.10.2025 (2/2) 4/4