Kalyanasundaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-06-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 18091 of 2025 Kalyanasundaram S/o. Ramasamy, No.8-86-1, Thimmapalayam, Marudur, Karamadai Post, Coimbatore District-641 104.
... Petitioner Vs
1. The District Collector Coimbatore District, Coimbatore.
2.The Assistant Director / Joint Director District Town And Country Planning, Door No. 50, Fci Road, Gandhima Nagar, Ganapathy, Coimbatore-641004.
3.The Assistant Director Department Of Geology And Mining, Coimbatore District, Coimbatore.
4.The Commissioner Karamadai Municipality Village, Mettupalayam Taluk, Coimbatore District.
5.The Tahsildar Mettupalayam Taluk, Mettupalayam Taluk, Mettupalayam, Coimbatore District.
... Respondents 1/6
PRAYER Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to remove the quarry illegally functioning in Survey No.456/3C1 to an extent of 1.17.0 hectares at Karamadai Village, Mettupalayam Taluk, Coimbatore District by considering the petitioner representation dated 23.01.2025 For Petitioner :
Mr.M.Karthik For Respondents :
Mr.E.Vijay Anand Additional Government Pleader
ORDER
This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 23.01.2025, wherein the petitioner has sought for removal of the illegal quarry that is carried out in the subject property by one R.Shanmugasundaram.
2. Heard Mr.M.Karthik learned counsel for the petitioner and Mr. E.Vijay Anand learned Additional Government Pleader for the respondents.
3. When the matter was taken up for hearing today, the learned Additional Government Pleader, based on the instructions received from the Deputy Director, Geology and Mining, Coimbatore submitted that a proper licence has been given through proceedings dated 20.10.2022 to 2/6
one R.Shanmugasundaram and a lease agreement has been entered into to quarry and this lease is for a period from 20.10.2022 to 19.10.2027.
4. Learned Additional Government Pleader further submitted that the said R.Shanmugasundaram filed W.P.No.29772 of 2024 for a direction not to grant any layout approval to the properties near the quarry. This writ petition was disposed of by an order dated 15.10.2024 to consider the said representation. That apart, the said R.Shanmugasundaram also filed W.P.No.32930 of 2024 for a direction to the registering authority not to entertain any documents presented for registration pertaining to the properties near the quarry. This writ petition was also disposed of on 21.12.2024.
5. In the considered view of this Court, the very basis on which the writ petition has been filed is as if illegal quarrying is done without obtaining prior approval. However, it has come to light that such quarrying is undertaken by means of a licence after obtaining prior approval and after lease deed was executed in the year 2022. Hence, the relief sought for by the writ petitioner cannot be granted. The writ petition is dismissed. No costs.
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To 1.The District Collector Coimbatore District, Coimbatore.
2.The Assistant Director / Joint Director District Town And Country Planning, Door No. 50, Fci Road, Gandhima Nagar, Ganapathy, Coimbatore641004.
3.The Assistant Director Department Of Geology And Mining, Coimbatore District, Coimbatore.
4.The Commissioner Karamadai Municipality Village, Mettupalayam Taluk, Coimbatore District.
5.The Tahsildar Mettupalayam Taluk, Mettupalayam Taluk, Mettupalayam, Coimbatore District.
5/6
N.ANAND VENKATESH, J.
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