S.Sivaramakrishnan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
1. S.Sivaramakrishnan
2. B.Kumararaj
3. P.Eswaran
4. S.N.Kanniappan
5. K.Muruganantham ..
Petitioners Vs.
1. The State of Tamil Nadu Rep. by the Secretary to Government Department of Geology & Mining Secretariat, Chennai - 600 009.
2. The District Collector
3. The Revenue Divisional Officer Pollachi, Coimbatore District.
4. The Assistant Director Department of Geology & Mining Coimbatore.
5. Tahsildar Pollachi, Coimbatore District.
6. The Village Administrative Officer Solapalayam, Pollachi
7. The Executive Engineer Water Resources Organisation Public Works Department Aliyar Irrigation Circle, Pollachi - 642 003.
8. The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South, Plot No.E-55A SIDCO Industrial Estate, Pollachi Main Road Kurchi, Coimbatore - 641 021.
9. S.Lakshmi
10. T.Gowrishankar ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to (i) the order bearing No.Na.Ka.347-16/Mines/2018 dated 25.01.2019, (ii) proceedings bearing R.C.No.753/Mines 2014 dated 28.07.2016 & (iii) proceedings bearing R.C.No.240/MM/2014 dated 28.07.2016 on the file of the second respondent and quash the same and consequently, forbearing the respondents 1 to 6 from permitting quarrying operations by way of granting lease/license/ permit in the lands bearing S.F.Nos.68/1, 69/2A, 81A/1A1, 81A/1A2, 90/3Pt. & 94/1D in violation of the provisions contained in the Tamil Nadu Minor Minerals Concession Rules, 1959 and the G.Os, Letters, Circulars etc. issued from time to time relating to the same in any manner.
For the Petitioners : Mr.T.M.Naveen For the Respondents : Mr.K.Karthik Jagannath Government Advocate for R1 to R7 Mr.Shanmugavalli Sekar for R8 Ms.V.V.Uthra for Mr.K.J.Parthasarathy for R9 Mr.S.Ramesh for R10
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.T.M.Naveen, learned counsel for the petitioners, Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 to 7, Mr.Shanmugavalli Sekar, learned counsel for respondent 8, Ms.V.V.Uthra, learned counsel appearing for Mr.K.J.Parthasarathy, learned counsel for respondent 9 and Mr.S.Ramesh, learned counsel for respondent 10.
2. Learned counsel for respondent 9 submits that the license of respondent 9 was not renewed.
3. In case the license of respondents is renewed, the petitioners may agitate the same, if the petitioners are aggrieved.
4. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.25947, 25949, 25950 and 33249 of 2019 are closed.
(S.V.G., CJ.) (D.B.C., J.) 06.12.2023 Index :
Yes/No :
Yes/No drm
To
1. The Secretary to Government The State of Tamil Nadu Department of Geology & Mining Secretariat, Chennai - 600 009.
2. The District Collector
3. The Revenue Divisional Officer Pollachi, Coimbatore District.
4. The Assistant Director Department of Geology & Mining Coimbatore.
5. Tahsildar Pollachi, Coimbatore District.
6. The Village Administrative Officer Solapalayam, Pollachi
7. The Executive Engineer Water Resources Organisation Public Works Department Aliyar Irrigation Circle, Pollachi - 642 003.
8. The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South, Plot No.E-55A SIDCO Industrial Estate, Pollachi Main Road Kurchi, Coimbatore - 641 021.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 06.12.2023