Lakshmi Chamber, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition Nos. 11302, 11314 and 11324 of 2021 Lakshmi Chamber represented by its Authorised Signatory Mr. R. Ravichandran S.F. No.14/1A & 1B, Door No.91 Raja Annamalai Road
...Petitioner in WP
Saibaba Mission, Coimbatore - 641 011 No.11302/2021 N K N Chamber Bricks represented by its Proprietor Mr. N. Jaganathan S F No.574/2 & 271/2, Door No.9/12 K N G Pudur, Pannimadai
...Petitioner in WP
G N Mill Post, Coimbatore - 641 029 No. 11314/2021 Sri Vinayakar Chamber Bricks represented by its Proprietor Mr. R. Palanisamy S.F. No.527/1, Door No.4/188-B North Street, Chinnathadagam
...Petitioner in WP
Coimbatore - 641 018 No. 11324/2021
Versus
1. The District Collector Coimbatore - 641 018
2. The Assistant Director Department of Geology & Mining Coimbatore - 641 018
3. The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore North, Coimbatore
4. The Tahsildar Coimbatore North Taluk Coimbatore
5. The Executive Engineer (Distribution) TANGEDCO, K. Vadamadurai Coimbatore District ...Respondents(in all WPs) WP No. 11302 of 2021:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the notice of the Respondent No. 2 to 4 in connection with the notice for closure of the Bricklin Chamber Unit at SF No. 14/1A, 14/1B, 14/2, 13/3C, 13/3A, 13/3D and 13/3B, Veerapandi Road, Chinnathadagam, Coimbatore - 641 108, of the petitioner dated 19.03.2021 and quash the same.
WP No. 11314 of 2021:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the notice of the Respondent No. 2 to 4 in connection with the notice for closure of the Bricklin Chamber Unit at SF No. 574/2, 576-A/2 & 327, Anaikatti Main Road, Chinnathadagam, Coimbatore - 641 108, of the petitioner dated 19.03.2021 and quash the same. WP No. 11324 of 2021:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the notice of the Respondent No. 2 to 4 in connection with the notice for closure of the Bricklin Chamber Unit at S F No. 527/1, 502/B1B, 512/A2B, Anuvavi Koil Pirivu, Anaikatti Main Road, Chinnathadagam, Coimbatore - 641 108, of the petitioner dated 19.03.2021 and quash the same.
For Petitioner :
Mr. M. Jayachandran in all the Writ Petitions For Respondents :
Mr. G. Krishna Raja Government Counsel in all the Writ Petitions COMMON ORDER In all these writ petitions, the challenge is to the identical notices dated 19.03.2021 issued by the respondent 2 to 4 calling upon the respective petitioners to vacate the brick klin chambers run by them with immediate effect on the ground that they are running such brick klin chambers without any licence or permission from the authorities concerned. 2.
All these writ petitions have been filed by the petitioners on the ground that except the District Collector, the other respondents are not vested with the power to pass such
orders. It is their contention that it is only the District Collector, who is competent to pass any such order after following the mandatory procedures contmeplated under the Mines and Minerals (Development and Regulation) Act, 1957 and the Tamil Nadu Minor Mineral Concesion Rules, 1959. It is also the contention of the petitioners that the survey numbers of the lands, where the brick-klins have been erected by the petitioners, have not been brought within the purview of the Elephant Corridor. Therefore, it is vehemently contended that the impugned notices have been issued without any authority of law and therefore, they are liable to be set aside. 3.
The learned counsel appearing for the petitioners brought to the notice of this Court that identical writ petitions have been filed before this Court and by a common order dated 30.04.2021 passed in WP Nos. 9606 of 2021 etc., batch this Court passed the following order:- "22.
For the foregoing reasons, without delving much upon the merits and demerits of the other submissions of the learned counsel on either side, excepting incorporating the same hereinabove, this Court is of the opinion that the impugned orders need interference by this Court. Accordingly, the impugned orders are set aside and the District Collector, Coimbatore, who is the competent authority under the statute, shall pass appropriate orders with respect to all these petitioners after affording an opportunity of hearing within a period of four weeks from the date of receipt of a copy of this order. The impugned orders would be treated as notices to the petitioners for appearing before the District Collector. No separate notice in this regard will be issued to the petitioners.
The petitioners are at liberty to submit all relevant documents in support of their claim. It is made clear that no further extension of time would be granted to the District Collector to complete the above exercise of passing the appropriate orders qua these petitioners. The District Collector, Coimbatore, shall proceed with the further process based on the web copy of this order, without waiting for the certified copy.
23. It is open to the respondents to take any action against the brick klins, including the petitioners, if it is found that the same has been operated without any license/clearance in the manner known to law. This order would not preclude the authorities in exercising their powers in accordance with law. It is also made clear that the owners of the brick klins can run the show, if they possess a valid licence and other documents to do so.
24. These writ petitions are ordered to the extent indicated above. However, there shall be no order as to costs. Consequently, WMPN os. 11653 and 11786 of 2021 are dismissed and the other connected writ miscellaneous petitions are closed.
25. Post these writ petitions on 07.06.2021 'for reporting compliance.'
4.
Subsequently, when the aforesaid WP Nos. 9606 of 2021 etc., batch were posted under the caption "for reporting compliance, on 29.06.2021, the following order has been passed:- "Today, when the matters were taken up, the learned Advocate General appearing for the respondents submitted that as per the order of this Court dated 30.04.2021, compliance report was filed on 28.06.2021, wherein, it is inter alia stated that a total number of 177 brick klin units located in Veerapandi, Chinnathadagam, Somayampalayam, Nanjundapuram and Pannimadai Village, Coimbatore North Taluk, Coimbatore District have been closed by the first respondent as they were not in possession of valid registration certificates and permit for quarrying brick earth from patta lands as required under Rule 19 (2) of Tamil Nadu Minor Mineral Concession Rules, 1959. He further submitted that the respondent authorities would monitor and take proper action periodically to curb the illegal quarrying.
2.
In view of the above, no further order is required to be passed in this batch of Writ Petitions, except recording the aforesaid submission made by the learned Advocate General and the compliance report dated 27.06.2021 filed on the side of the respondents. Accordingly, the same are placed on record."
5.
Now, the learned counsel for the petitioners submitted that the same order may be passed in these writ petitions as well inasmuch as notices have not been issued by the District Collector, Coimbatore, but by the Tahsildar, who is legally incompetent to issue any such notice, as has been held by this Court.
6.
Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate appearing for the respondents. The issue involved in these writ petitions is no longer res integra and it is covered by the earlier order dated dated 30.04.2021 passed by this Court in WP Nos. 9606 of 2021 etc., mentioned supra. Therefore, in the light of the aforesaid order dated 30.04.2021, the impugned notices dated 19.03.2021
issued by the respondents 2 to 4 are set aside. The District Collector, Coimbatore, the first respondent in these writ petitions, is directed to pass appropriate orders with respect to the claim of these petitioners after affording them an opportunity of hearing within a period of six weeks from the date of receipt of a copy of this order. The impugned orders would be treated as notices to the petitioners for appearing before the District Collector and no separate notice in this regard will be issued to the petitioners. The petitioners are at liberty to submit all relevant documents in support of their claim. It is also open to the respondents to take any action against the brick klins, including the petitioners, if it is found that the same has been operated without any license/clearance in the manner known to law. This order would not preclude the authorities in exercising their powers in accordance with law. It is also made clear that the owners of the brick klins can run the show, if they possess a valid licence and other documents to do so.
7.
Accordingly, all the writ petitions are disposed of. No costs. Consequently, all the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rsh To
1. The District Collector Coimbatore - 641 018
2. The Assistant Director Department of Geology & Mining Coimbatore - 641 018
3. The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore North, Coimbatore
4. The Tahsildar Coimbatore North Taluk Coimbatore
5. The Executive Engineer (Distribution) TANGEDCO, K. Vadamadurai +3 Ccs to M/s.V.Jayachandran, Advocate, Sr.No. 42727. +1 CC to The Government Pleader, Sr.No. 43076,43077,43078. WP Nos. 11302, 11314 and 11324 of 2021 RP(CO) LS(15/09/2021)