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Madras High CourtWP/15025/2026disposed of with direction

Balu v. The District Collector

2026-04-21Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No.16237 of 2026

1. Balu

2. Raja

3. Dhanasekaran, ..Petitioners Vs

1. The District Collector Cuddalore District, Cuddalore -607 001.

2. The Assistant Director of Mines and Geology, Office of Collectorate, Cuddalore -607 001

3. The Pollution Control Engineer, State Pollution Control Board, SIPCOT Complex, Kudikadu, Cuddalore Taluk, 607 005

4. The Revenue Divisional Officer, Office of Collectorate, Cuddalore 607 001

5. The Tahsildar Taluk Office Beach Road, Cuddalore -607 001

6. S. Karthikeyan,

7. Muthukumarasamy, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the Respondents 1 to 5 to forbear 1/5

from permitting/Continuing mining operations in Survey No.220/1A1, 220/1A2, 220/1B, 220/2 (Ac.121.70 Poromboke Hill), Sanjeevirayan Koil Village, Naduveerapattu, Cuddalore Taluk, Cuddalore District. For Petitioner :

Mr.R. Rajavelavan For Respondents :

Mr. Stalin Abimanyu Addl. Govt. Pleader for R1 to R5

ORDER

Mr.Stalin Abimany, learned Additional Government Pleader takes notice for respondents 1 to 5. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a direction to the respondents to consider the petitioners' representation dated 16.03.2026 and take appropriate action with regard to the alleged illegal quarrying operations.

3. The case of the petitioners is that they are residents of Sanjeevirayan Village. According to them, quarry operations for gravel/sand have been permitted in Survey Nos. 220/1A1, 220/1A2, 220/1B and 220/2, measuring about Ac.121.70, which is stated to be a poromboke hill area.

4. It is the grievance of the petitioners that the said quarrying activities are being carried out in close proximity to a 200-year-old Balathandayuthapani Temple, thereby affecting the petitioners' right to worship. It is further stated that the quarry operations pose a threat to public safety, as several residential houses, a Government Higher Secondary School, Anganwadi, Primary Health Centre and water bodies are located nearby.

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5. It is the contention of the petitioners that the grant of patta and licence in respect of the said land is illegal and in violation of the relevant statutory provisions. In this regard, the petitioners submitted a representation dated 16.03.2026, which was received by the respondents on 17.03.2026. However, no action has been taken, necessitating the filing of the present writ petition.

6. Learned counsel for the petitioners submitted that the quarrying operations are being carried out in a sensitive area affecting the petitioners' right to worship and the safety of the villagers. He further submitted that despite raising serious objections and submitting a detailed representation, the respondents have failed to consider the same. Therefore he prayed before this Court for a direction to the respondents to consider the petitioners' representation, within a time frame.

7. Per contra, the learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the quarry licence has been granted in accordance with applicable rules and regulations and that all necessary permissions have been obtained. However, he submitted that the petitioners' representation will be considered in accordance with law and this Court may issue suitable directions.

8. Heard the submissions made by learned counsel on either side and perused the entire records.

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9. In view of the limited relief sought by the petitioners, this Court is not inclined to go into the merits of the allegations regarding legality of the quarry operations. However, considering the representation submitted by the petitioners raising various issues, this Court is of the view that the same requires consideration by the respondents, after affording opportunity to all concerned parties.

10. Accordingly, the 1st respondent is directed to consider the petitioners' representation dated 16.03.2026 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioners and other aggrieved persons, within a period of six weeks from the date of receipt of a copy of this order.

11. The writ petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 21.04.2026 Index : Yes / No Speaking Order / Non-speaking order vsi2 4/5

M. DHANDAPANI, J.

vsi2 To

1. The District Collector Cuddalore District, Cuddalore -607 001.

2. The Assistant Director of Mines and Geology, Office of Collectorate, Cuddalore -607 001

3. The Pollution Control Engineer, State Pollution Control Board, SIPCOT Complex, Kudikadu, Cuddalore Taluk, 607 005

4. The Revenue Divisional Officer, Office of Collectorate, Cuddalore 607 001

5. The Tahsildar Taluk Office Beach Road, Cuddalore -607 001 and W.M.P. No.16237 of 2026 21.04.2026 (2/2) 5/5