Madras High CourtWP/23753/2025disposed of

S.Rajendran v. The District Collector

2025-07-03Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.23753 of 2025 and W.M.P.No.26719 of 2025 S.Rajendran ... Petitioner -vs1. The District Collector, Salem District - 636 001.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 1/276, Meiyanur Main Road, Salem-636 004.

3. The Assistant Engineer, Tamil Nadu Pollution Control Board, Mettur.

4. The Assistant Director The Department of Geology and Mining, Collectorate Office, Salem District.

5. The Revenue Divisional Officer, Mettur Dam-636 401.

6. The Tahsildar, Mettur Dam - 636 401.

7. Mr.Nanthivarman ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondent Nos.1 to 6 herein to take appropriate action against the Respondent No.7 herein for operating Rough Stone and Gravel Quarry situated at Survey Nos.83/3 (part) and 83/4 of Kannamoochi Village, Mettur Taluk, Salem District, based on the petitioner's representations dated 13.04.2024, 14.05.2024, 22.07.2024 and 23.12.2024.

For Petitioner : Mr.B.Mohan For R1, 4, 5 & 6 : Mr.Stalin Abimanyu Addl. Govt. Pleader For R2 & R3 : Mr.V.Gunasekar Standing Counsel *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the Respondent Nos.1 to 6 herein to take appropriate action against the Respondent No.7 herein for operating Rough Stone and Gravel Quarry situated at Survey Nos.83/3 (part) and 83/4 of Kannamoochi Village, Mettur Taluk, Salem District, based on the petitioner's representations dated 13.04.2024, 14.05.2024, 22.07.2024 and 23.12.2024. 2/6

2. Mr.Stalin Abimanyu, learned Additional Government Pleader takes notice for R1, R4, R5 and R6. Mr.V.Gunasekar, learned Standing Counsel takes notice for R2 & R3. Notice to R7 is dispensed with, as no adverse order is going to be passed against him. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that he is an agriculturalist, having an agricultural land in S.No.79/3D in Kannamoochi Village and the other agricultural lands in S.Nos.83/3 (part) and 83/4 of the said area were acquired by the 7th respondent for setting up a rough stone and gravel quarry. After commencement of the quarry operation, the entire area got polluted due to the dust emitted from the quarry. It is further case of the petitioner that pursuant to the representation dated 13.04.2024, an inspection was conducted in the quarry on 24.04.2025 and the authorities concerned issued show cause notice to the 7th respondent for certain violations. Thereafter, there was no steps taken by the Official respondents for shifting the quarry to some other place. There is scarcity of water and shortage of food in the Village on account of excessive explosives in the 3/6

quarry. Though he had given several representations dated 13.04.2024, 14.05.2024, 22.07.2024 and 23.12.2024, there was no response to any of the representations. Hence, the petitioner is before this Court.

4. Though the petitioner has come out with a larger prayer, the learned counsel for the petitioner would submit that it would suffice, if the 4th respondent is directed to consider the representations of the petitioner.

5. Learned Additional Government Pleader appearing for the respondents 1, 4, 5 & 6 stated that 4th respondent is the competent authority to look into the issue and a reasonable time may be granted to the 4th respondent for considering and passing appropriate orders on the representations of the petitioner.

6. Considering the facts and circumstances of the case and also the submission of the counsel for the petitioner, we deem it fit that it would suffice to direct the 4th respondent to consider the representations of the petitioner dated 13.04.2024, 14.05.2024, 22.07.2024 and 23.12.2024. 4/6

Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the 4th respondent to consider the representations dated 13.04.2024, 14.05.2024, 22.07.2024 and 23.12.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R7 and other interested parties and thereafter, pass necessary orders in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 03.07.2025 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 5/6

J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar To:

1. The District Collector, Salem District - 636 001.