K.Rangadurai v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13381 of 2019 and W.M.P.No.13491 of 2019 K.Rangadurai ...Petitioner Vs.

1.The District Collector, Collectorate Buildings, Coimbatore District.

2.The Director of Geology and Mining, Guindy Estate, Chennai.

3.The Asst. Director of Geology and Mining, Collectorate Buildings, Coimbatore.

4.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Pollachi, Coimbatore District.

5.The Tahsildar, Pollachi, Coimbatore District.

... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to pass final orders on his representation dated 22.01.2019 in accordance with law after providing opportunity to the petitioner within the stipulated period as that may be fixed by this Court.

For Petitioner : Mr.N.Umapathi For Respondents: Mrs.S.K.Bhuveneswari Additional Govt. Pleader

O R D E R

Mrs.K.Bhuveneswari, Additional Government Pleader takes notice for the respondents.

2.The learned counsel for the petitioner would submit that the petitioner is owning agricultural lands in Survey No.334 &

348. There is a proposal to open stone crushing unit and stone quarry unit for the purpose of establishing 'M' sand unit by way of 'A' Notice issued by the VAO, for which, a detailed objection was given by the petitioner on 22.01.2019 to the authorities concerned stating that 1500 people are residing within the close proximity of 500 meters and nearest to their houses at Natham lands. The VAO had inspected the premises and forwarded a report stating that adjacent of Survey No.334 where rock is situated and proposed action for stone mining, there is a residence of Perumpathi Gramanatham. No panchayat resolution is passed for granting permission and no notification is published inviting the objection from public. The Gramasabha of Puravipalayam Panchayat passed a revolution No.

65 that no permission should be granted to any industry other than those industry namely white category and green category on 02.10.2018. 3.The learned counsel for the petitioner would further submit that the petitioner has also made a detailed objection on 22.01.2019 to the respondents, but no action has been taken by the respondents till date.

4.Considering the limited scope of the prayer sought for in the writ petition, suffice it to direct the respondents to consider the detailed objection dated 22.01.2019, said to have been given by the petitioner and dispose of the same on merits and in accordance with law, after giving a fair and reasonable opportunity to the petitioner within a period of six weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

kas To 1.The District Collector, Collectorate Buildings, Coimbatore District.

2.The Director of Geology and Mining, Guindy Estate, Chennai.

3.The Asst. Director of Geology and Mining, Collectorate Buildings, Coimbatore.

4.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Pollachi, Coimbatore District.

5.The Tahsildar, Pollachi, Coimbatore District.

+1cc to the Government Pleader Sr.45367 +1cc to Mr.N.Umapathi, Advocate Sr.44525 W.P.No.13381 of 2019 and W.M.P.No.13491 of 2019 pa[co] srg 08/07/2019