M.Silambarasan v. The Commissioner Of Geology And Mining,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 30279 & 30280 of 2025 M.Silambarasan Petitioner(s) Vs

1. The Commissioner of Geology and Mining, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai -600 032.

2.The District Collector, Chengalpattu District, Chengalpattu.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records to the 2nd respondent proceedings made in Na.Ka.No.005/mines/2025 dated 22.05.2025 and quash the same and direct the respondents to place the Petitioner's application along with report before the Special Committee and grant

2/8 permission to quarry ordinary earth in PWD lake for the quantity of 20000 Cubic Meter Comprised in SF.No.146 of Athimanam Village, Madurantagam Taluk, Chengalpattu District within the time limit as prescribed by this Court. For Petitioner(s):

Mr.M. Muthappan For Respondent(s):

Mr.E.Vijay Anand Additional Government Pleader for R1 and R2

ORDER

This writ petition has been filed challenging the proceedings of the 2nd respondent dated 22.05.2025 and for a consequential direction to the respondents to place the petitioner's application along with the report before the Special Committee and grant permission to quarry in the subject property. 2.Heard Mr.M.Muthappan, learned counsel appearing on behalf of the petitioner and Mr.E.Vijayanand, learned Additional Government Pleader appearing on behalf of respondents 1 and 2.

3/8 3.The case of the petitioner is that he had applied for permission to remove the ordinary earth in PWD lake in the subject property in S.F.No.146 in Athimanam Village, Madurantagam Taluk, Chengalpattu District. The Revenue Department had also sent their report as early as 07.06.2025 and the petitioner's application has also been placed before the Special Commissioner for the necessary approval and the Committee has decided to recommend the case of the petitioner after receipt of the report. While so, the respondents unilaterally changed the procedure for filing the application through online mode from 07.04.2025 and thereby, attempted to reject the application already submitted by the petitioner. Aggrieved by the same, the present writ petition has been filed before this Court.

4.When the writ petition was taken up for hearing, the learned Additional Government Pleader placed the written instructions received from the Assistant Director, Geology and Mining, Chenglpattu District. The relevant portions are extracted hereunder:

4/8 viii.On the perusal of this office record, it is ascertained that, for 92 applications received from 07.02.2023 to 10.03.2025, reports are not received from Divisional officers, Block Development officers and Executive Engineers from Water Resources Department. Hence, based on the instruction of Commissioner of Geology and Mining, Chennai and available office records, The District Collector, Chengalpattu has passed the rejection order for the above said 92 pending applications including the application submitted by the petitioner Thiru.M.Silambaran vide proceeding dated 22.05.2025 and instructed the applicants to apply through online portal. .

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x. The implementation of services through online, ensures Transparency and Expedites processing of quarry leases application. Further, the petitioner has full liberty to apply an application through online for quarrying Ordinary Earth under Rule. 12(2-A) of Tamil Nadu Minor Mineral Concession Rule, 1959.

5/8 5.It is clear from the above that the earlier application made by the petitioner has not been rejected and similar to the petitioner, there are 92 applications that are pending. However, in order to ensure transparency, all the 92 applicants have been directed to apply online in order to ensure transparency. Therefore, it has been mentioned that the petitioner can also make a formal online application under Rule 12(2-A) of the Tamil Nadu Mineral Concession Rules, 1959.

6.The petitioner and others have been asked to follow the procedure by making a formal online application in order to ensure transparency. That does not mean that the applications that have already been submitted and the report that has already been given will be consigned to the dustbin. It will form part of the file and the only requirement to be satisfied by the petitioner is to submit the online application before the respondents. This clarity will sufficiently take care of the grievance expressed by the petitioner.

6/8 6.In view of the above, there shall be a direction to the petitioner to submit the application through online mode before the concerned authority forthwith.

7.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed. 24-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

7/8 To 1.The Commissioner of Geology and Mining, Thiru-vi-ka Industrial Estate,Guindy, Chennai -600 032.

2.The District Collector, Chengalpattu District, Chengalpattu.

8/8 N.ANAND VENKATESH J.

ssr 24-07-2025