S.Shanmugam v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.11037 of 2026 and WMP N os .11983 and 11980 of S.Shanmugam S/o Sengoda Goundar, Residing at No.5/7, Varakaadu, Thottiapatti (PO), Arasampalayam Village, Tiruchengode Taluk, Namakkal District - 637 410.

Petitioner(s) Vs

1. The Director Mines and Minerals, Guindy,

2. The District Collector District Collector Office, Namakkal District - 637 003.

3. The Assistant Director (Mines) Department of Geology and Mining, Namakkal - 637 003.

4. The Tahsildar Tahsildar office, Tiruchengode Taluk,

5. The Chairman Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records pertaining to the impugned Online Tender Notification No.Sa.Va.No.89 dated 04.02.2026 issued by the 2nd respondent, and quash the same in so far as it relates to the grant of in respect of the below mentioned Scheduled Quarry Site for lease as far as concern in S. No. 124 Part II, Part III, and Part IV of Munjanoor Village, Tiruchengode Taluk, For Petitioner(s):

Mr. B.Karthikeyan For Respondent(s):Mr. J.Ravindran Additional Advocate General Assisted By Mr. U.Baranidharan Special Government Pleader for R1 to R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge in this writ petition is to the tender notification dated 4.2.2026 in so far as it relates to scheduled quarry site situated in S.No.124 Part II, Part III, and Part IV of Munjanoor Village, Tiruchengode Taluk, Namakkal District.

2. The main plank of the argument advanced by learned counsel for the petitioner is that the proposed quarry falls within 300 metres of inhabited residential area and, therefore, it is in gross violation of Rule 36(1A)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959. He further submitted that in respect of adjacent survey numbers, interim stay was granted by this Court in W.P.No.6778 of 2026 and, therefore, a similar order be passed in the case on hand.

3. Per contra, learned Additional Advocate General submitted that there is no habitation within 300 meters. He further submitted that the tender has been awarded on 4.3.2026 and the successful bidder has also deposited 10% of the bid amount.

4. We find that barring a bald allegation that the proposed quarry falls within 300 metres of the inhabited residential area, no shred of material is placed to substantiate the claim. In the absence of any material supporting the averments, this Court cannot construe that all that has been stated on affidavit is gospel truth.

5. That apart, it is clear from the submission of learned Additional Advocate General that the tender has already been awarded and third party interest has been created. Therefore, at this stage, we are not inclined to entertain this writ petition, more so, when there is iota of material to establish violation of any provision of law. For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. Consequently, interim applications stand closed.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 24.03.2026 Index :

Yes/No :

Yes/No sasi

To:

1. The Director Mines and Minerals, Guindy,

2. The District Collector District Collector Office, Namakkal District - 637 003.

3. The Assistant Director (Mines) Department of Geology and Mining, Namakkal - 637 003.

4. The Tahsildar Tahsildar office, Tiruchengode Taluk,

5. The Chairman Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy,

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) WP No.11037 of 2026 24.03.2026