N.Sasikumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM:
THE HONOURABLE MRS. JUSTICE N. MALA AND THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN W.P.No.17269 of 2025 N. Sasikumar Petitioner vs.
1.
The State of Tamil Nadu represented by its Principal Secretary to Government Department of Geology and Mining Alandur Road Guindy Industrial Estate Guindy Chennai 600 032 The District Collector District Collectorate Mayiladuthurai District The Assistant Director Department of Geology and Mining Mayiladuthurai District The Revenue Divisional Officer Sirkazhi Taluk Mayiladuthirai District 5.
The Tahsildar Sirkazhi Taluk Mayiladuthurai District Page Nos.1/6
6.
ARO Infratech represented by S. Vetri, S/o Subramanian Site Manager No.17, Thillai Nagar Ram Nagar Dhevakottai Sivagangai District 630 303 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to consider the petitioner's representation dated 24.02.2025 and consequently, direct the third respondent to revoke the approval granted for quarrying ordinary earth and thereby, restrain the sixth respondent from establishing a sand quarry and excavating sand from lands situated in S.F.No.93/2, 93/4,93/7A and 91/15B of Keezhaiyur Village, Sirkazhi Taluk, Mayiladuthirai District over an area of 3.35.50 hectares situated close to the residential areas and the coastal line of Bay of Bengal in Vadapathi, Thenpathi and Pudhukuppam of Keezhaiyur Village, Kaveripoompattinam Village Panchayat, Sirkazhi Taluk, Mayiladuthurai District within a time frame. For petitioner Ms. Ra. Thejasvini for Mr. P. Dinesh Kumar For RR 1 to 5 Mr. K. Tippu Sultan Government Advocate For R6 Mr. Venkataswamy Babu Page Nos.2/6
ORDER
(made by N. MALA, J.) This writ petition has been filed seeking a writ of mandamus directing the second respondent to consider the petitioner's representation dated 24.02.2025 and consequently, direct the third respondent to revoke the approval granted for quarrying ordinary earth and thereby, restrain the sixth respondent from establishing a sand quarry and excavating sand from lands situated in S.F.No.93/2, 93/4,93/7A and 91/15B of Keezhaiyur Village, Sirkazhi Taluk, Mayiladuthirai District over an area of 3.35.50 hectares situated close to the residential areas and the coastal line of Bay of Bengal in Vadapathi, Thenpathi and Pudhukuppam of Keezhaiyur Village, Kaveripoompattinam Village Panchayat, Sirkazhi Taluk, Mayiladuthurai District within a time frame.
Today, when the matter was taken up for hearing, learned Government Advocate appearing for respondents 1 to 5 submitted that challenging the approval granted to the sixth respondent, there is an appeal remedy before the District Collector, second respondent herein, under Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959 and therefore, this writ petition is not maintainable. Page Nos.3/6
In reply, learned counsel for the petitioner submitted that the petitioner's representation dated 24.02.2025 may be directed to be treated by the official respondents as an appeal under Rule 36-C, ibid. and orders may be directed to be passed on the same within a time frame to be fixed by this Court.
Acceding to the request made by the learned counsel for the petitioner and also to meet the ends of justice, the second respondent is directed to treat the petitioner's representation dated 24.02.2025 as an appeal under Rule 36-C, ibid. and pass orders on the same on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. This writ petition stands disposed of with the above direction. No costs.
(N.M., J.) (G.A.M.,J.) 08.05.2025 cad/gya Page Nos.4/6
To:
1.
The Principal Secretary to Government Department of Geology and Mining Alandur Road Guindy Industrial Estate Guindy Chennai 600 032 The District Collector District Collectorate Mayiladuthurai District The Assistant Director Department of Geology and Mining Mayiladuthurai District The Revenue Divisional Officer Sirkazhi Taluk Mayiladuthirai District 5.
The Tahsildar Sirkazhi Taluk Mayiladuthurai District Page Nos.5/6
N. MALA, J.
and G. ARUL MURUGAN, J.
cad W.P.No.17269 of 2025 08.05.2025 Page Nos.6/6