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Madras High CourtWP/26959/2025dismissed

Ariyalur Mavatta Kanima v. The Director Of Geolgoy And Mines

2025-11-05Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.36448 of 2025 Ariyalur Mavatta Kanima Valangal mattrum Suttruchsuzhal Padhukappu Sangam Represented by its Secretary C.Palanisamy, S/o. Chinnadurai No.2/242, S.M.Complex Bye Pass Road, Eruthukaranpatti Ariyalur District.

..

Petitioner Vs.

1. The Director of Geology and Mines Office of Director of Geology and Mines Guindy, Chennai-32.

2. The District Collector Office of District Collector Ariyalur.

3. The Assistant Director (Geology and Mining) Office of Geology and Mining Officer of District Collector Ariyalur-621704.

4. The Revenue Divisional Officer Office of Revenue Divisional Officer Udayarpalayam Division Udayarpalayam, Ariyalur District.

5. The Thasildhar Office of Udayarpalayam Thasildhar Jayankondam, Ariyalur District.

6. Rajesh ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus by directing the respondents 2 and 3 to take appropriate action against the 6th respondent and others including the officials of the Government who are allowing for illegal quarrying operation of the earth at the Government Forest Land which is existing adjacent to the SF.No.16, 26, 27, 28, 30, 31, 35 at Sathampadi Village, Udayarpalayam Taluk and Ariyalur District by considering the representation of the petitioner herein dated 27.01.2025, 26.02.2025 and 28.06.2025 within a reasonable time as fixed by this Hon'ble Court.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.Stalin Abimanyu Additional Government Pleader for R1 & R3 Mr.K.Karthik Jagannath Government Advocate for R2, R4 & R5 Mr.C.Prabakaran for R6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner's allegation that mining is going on in the forest land is a blatant falsehood in view of the counter affidavit filed by second respondent, wherein, in paragraphs 11 to 13, the following has been stated:

"11. I respectfully submit that, the quarry lease granted area is an undulating terrain in which the 6th respondent has quarried to an average depth of 2.00 metres from the local surface level.

12. I respectfully submit that, there is no water body and forest land are located within the safety distance of the lease granted area as stipulated in the Rule 36(1), 36(1-A)(e) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Further, it is submitted that, the 6th respondent had not encroached any of the water courses for forming approach road to the lease area, as well as the water body maintained by the Water Resource Department, Marudhaiyar Basin Division, Ariyalur. Further, it is submitted that, no water body maintained by Rural Development and Panchayat Raj Department are disturbed or encroached by the 6th

respondent in this case.

13. I respectfully submit that the allegations levelled by the petitioner are carefully verified by the Joint Inspection Committee, incorporating, Forest Department, Water Resource Department, Department of Geology & Mining, Rural Development & Panchayat Raj Department and Revenue Department and established that the complaints made in petitioner's affidavit and his representation dated 27.01.2025, 26.02.2025 and 28.06.2025 of the petitioner are unfounded and baseless. Therefore, the unsubstantiated, allegations of the petitioner are not sustainable before law."

2. It is clear that the Joint Inspection Committee, incorporating Forest Department, Water Resource Department, Department of Geology & Mining, Rural Development & Panchayat Raj Department and Revenue Department, established that complaint is factually not correct. Material placed in the petition hardly constitutes any clinching evidence so as to call for further enquiry doubting the correctness of the Joint Inspection Committee report.

3. Petition is dismissed. There shall be no order as to costs. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 05.11.2025 Index :

Yes/No Yes/No kpl To

1. The Director of Geology and Mines Office of Director of Geology and Mines Guindy, Chennai-32.

2. The District Collector Office of District Collector Ariyalur.

3. The Assistant Director (Geology and Mining) Office of Geology and Mining Officer of District Collector Ariyalur-621704.

4. The Revenue Divisional Officer Office of Revenue Divisional Officer Udayarpalayam Division Udayarpalayam, Ariyalur District.

5. The Thasildhar Office of Udayarpalayam Thasildhar Jayankondam, Ariyalur District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 05.11.2025