Kaliyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY KALIYAPPAN ... Petitioner Vs 1.

THE DISTRICT COLLECTOR, COLLECTORATE, COIMBATORE DISTRICT, COIMBATORE - 641 018.

2.

THE ASSISTANT DIRECTOR, DEPARTMENT OF GEOLOGY AND MINING, COLLECTORATE COIMBATORE, COIMBATORE - 641 018.

3.

DHARMARAJ ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representations dated 08.10.2024 and 01.04.2025 and to pass orders thereon before proceeding further with any grant of quarrying license for the land comprised in S.F.No.338 comprised in Kinathukadavu Taluk, Arasampalayam Village, Coimbatore District which is adjacent to the petitioner's agricultural land.

For Petitioner : Mr.R.Kannan For R1 & R2 : Mr.Stalin Abimanyu Additional Government Pleader 1/4

ORDER

This writ petition is filed to direct the second respondent to consider the petitioner's representations dated 08.10.2024 and 01.04.2025 and to pass orders thereon before proceeding further with any grant of quarrying license for the land comprised in S.F.No.338 in Kinathukadavu Taluk, Arasampalayam Village, Coimbatore District, which is adjacent to the petitioner's agricultural land.

2. When the matter came up for hearing, Mr.Stalin Abimanyu, the learned Additional Government Pleader appearing for respondents 1 and 2 submitted that environmental clearance had already been given by the State Environment Impact Assessment Authority and the lease was executed in favour of private parties. Therefore, the petitioner, being the adjacent landowner, if aggrieved by the environmental clearance granted, it will be open for the petitoner to challenge the same in the manner known to law before the appropriate forum. Since the prayer in the writ petition has become infructuous as the respondents have already granted licenses, nothing further can be decided in this writ petition.

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3. Keeping open the liberty of the petitioner to take steps as permissible under law, this writ petition is disposed of. No costs. 29.04.2025 nsl To 1.

THE DISTRICT COLLECTOR, COLLECTORATE, COIMBATORE DISTRICT, COIMBATORE - 641 018.

2.

THE ASSISTANT DIRECTOR, DEPARTMENT OF GEOLOGY AND MINING, COLLECTORATE COIMBATORE, COIMBATORE - 641 018.

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D.BHARATHA CHAKRAVARTHY, J.

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