C.Sumathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15651 of 2025 & W.M.P.Nos.17697 & 17698 of 2025 C.Sumathi W/o.A.Nandakumar, No.79-D, Avinashi Road, Annur, Coimbatore District-641 653.

... Petitioner /versus/

1. The District Collector, Erode District, Erode.

2. The Regional Deputy Director, Local Planning Authority (L.P.A), Erode District, Erode.

3. The Deputy Director Of Geology And Mining, Erode District, Erode.

4. The Block Development Officer, Nambiyur Panchayat Union, Nambiyur,

5. The Revenue Divisional Officer, Gobichettipalayam, 1/7

6. The Tahsildar, Nambiyur Taluk,

7. The Executive Engineer, TANGEDCO, Sathyamangalam,

8. Anjanur Village Panchayat, Rep By Its President Anjanur, Nambiyur Taluk,

9. Joseph Selvaraj, Church Street, Karumathampatti, Somanur, Coimbatore District.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 8 from granting approval for any layout or Building Permission within the prohibited distance of 300 Meters of the petitioner's quarrying site in Survey No.41/1A(part) at Anjanur village, Nambiyur Taluk, Erode district For Petitioner : Mr.K.Selvaraj.

For Respondent : Mr.Stalin Abhimanyu, AGP, for R1 to R3, R5 & R6 : Mr.N.Muthuvel, for R3 : Mr.I.Syed Sibghathulla, (TANGEDCO), for R7 2/7

O R D E R

The writ petition is filed forbearing the respondents 1 to 8 from granting approval for the layout or Building Permission within the prohibited distance of 300 metres of the petitioner's quarrying site in S.No.41/1A (part) at Anjanur village, Nambiyur Taluk, Erode District.

2. The contention of the Learned Counsel for the petitioner is that petitioner has been duly permitted to carry out the quarry operation in the aforesaid Survey numbers. No construction was there when the permission was granted and nobody can put up any construction in view of Section 36(1-A(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959, within 300 metres from the quarry site. Therefore, he seeks the relief of forbearing the respondents 1 to 8 from granting approval.

3. When the matter came up for hearing, the Learned Additional Government Pleader appearing on behalf of the respondents 1 to 3, 5 and 6 would submit that when the quarrying licence was given, the place was duly inspected and no construction was there within the 300 meters. 3/7

4. The Learned Counsel appearing on behalf the 4th respondent would submit that no permission has been granted by the 4th respondent.

5. In view thereof, since it is now mentioned that the Block Development Officer has not granted any permission, the matter requires examination by the 3rd respondent. The 3rd respondent, namely, the Deputy Deputy Director of Geology and Mining shall take up the representation of the petitioner dated 02.01.2024.

6. The Writ Petition is disposed of at the admission stage without notice to the respondents 8 and 9.

(i) In view of the nature of order that is passed, the 3rd respondent shall take up the representation of the petitioner dated 02.01.2024. (ii) The 3rd respondent shall issue notice to the petitioner as well as the respondents 8 and 9.

(iii) The 3rd respondent shall decide the matter in accordance with law and take such action in the manner known to law so as to prohibit any unauthorised construction being coming within the prohibited distance. 4/7

(iv) The said exercise shall carried out by the third respondent within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

29.04.2025 :No.

bsm To,

1. The District Collector, Erode District, Erode.

2. The Regional Deputy Director, Local Planning Authority (L.P.A), Erode District, Erode.

3. The Deputy Director Of Geology And Mining, Erode District, Erode.

4. The Block Development Officer, Nambiyur Panchayat Union, Nambiyur, 5/7

5. The Revenue Divisional Officer, Gobichettipalayam,

6. The Tahsildar, Nambiyur Taluk,

7. The Executive Engineer, TANGEDCO, Sathyamangalam,

8. Anjanur Village Panchayat, Rep By Its President Anjanur, Nambiyur Taluk,

9. The Government Pleader, High Court, Madras. 6/7

D.BHARATHA CHAKRAVARTHY, J.

bsm Writ Petition No.15651 of 2025 29.04.2025 7/7