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Madras High CourtWP/27862/2025disposed of

Krishnan @ Panneer v. The District Collector

2025-07-28Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Krishnan @ Panneer S/o. P.Subramaniyan, No. 72, Pillaiyar Kovil Street, Kundiyanthandalam Village, Menallur Post, Vembakkam Taluk, Tiruvannamalai Petitioner(s) Vs

1. The District Collector Office Of The Collectorate, Tiruvannamalai District 606 601 2.The Assistant Director Geology And Mines, Tiruvannamalai District 606 601 3.The Tahsildar Tiruvannamalai 606 601 4.SNV Enterprise No. 63 Sree Bhakyalakshmi Nagar, Kancheepuram

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus against the 1 st and 2 nd respondents by directing them to consider petitioner representations dated 4.06.2025 vide registered as Na.Ka.No. 250/ Mines/ 2025 dated 17.06.2025 on the file of the 2nd respondent and thereby awarding compensation from the 4th respondent for indulging in petitioner agricultural activities in Survey No. 142/5E, 144/1A5A, 144/1A6A, 90/7A comprised in patta No. 118 to the tune of Rs. 10,000/- a month from the year 2023 until the quarry work is being stopped in Survey No 154/1B1B , 154/2A, 154/2B1, 154/2B2, 154/3, 154/4 , 154/5 155/2A 155/2B comprised in Patta No. 787 and pass orders.

For Petitioner(s):

Mr.C.Arun Bagath For Respondent(s):

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

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 and 2 to consider the representation made by the petitioner on 04.06.2025 and to award compensation to the petitioner suffered loss due to the illegal quarrying undertaken by the 4 th respondent.

2.

When the matter was taken up for hearing, the learned Additional Government Pleader produced the written instructions from the Deputy Director, Geology and Mining, Thiruvannamalai. The relevant portions are extracted hereunder :-

1. Based on the recommendations of the Revenue Divisional Officer, Cheyyar, Tahsildar Cheyyar and Assistant Geologist (Mines), Tiruvannamalai, and Environmental Clearance obtained from the State Level Impact Assessment Authority vide SEIAA No.9144 EC identification No. EC23B001TN195008 dated 25.09.2023, quarry lease had been granted to One Thiru. N.Nagarajan for quarrying Rough Stone and Gravel in his own patta lands in SF.Nos. 154/1818 (0.30.01, 154/2A (0.17.5), 154/281 (0.18.5), 154/3 (0.14.5), 154/4 (0.09.0), 154/5 (0.08.0), 155/2A (0.07.0), 155/28 (1.05.0) and 155/20 (0.42.0 over an extent of 2.51.5 hectares in Kundiyanthandalam Village. Vembakkam Taluk, Tiruvannamalai District for a period of 10 years from 09.10.2023 to 08.10.2033 in accordance with the Act and rules in force vide Proceedings of the Deputy Director (G&M), Tiruvannamalai Rc. 1046/21/Mines dated 09.10.23. The subject stone quarry is under operation.

2. In the meantime, the petitioner Thiru Krishnan Panneer has given representation dated 19.03.25 and 04.06.25 stating that, agricultural activities has been interrupted due to quarrying activities and encroachment of the 4th respondent. In this regard report has been called for from the Tahsildar, Vembakkam vide letter dated 27.03.25 and reminded vide letter dated 17.06.25. Report from the Tahsildar is awaited. Based on the field inspection report to be received from the Tahsildar, Vembakkam further action will be initiated as per the existing Act and rules inforce.

3.

It is clear from the above that already steps have been taken to deal with the representation made by the petitioner and a report has been called for from the Tahsildar, based on the field inspection to be conducted by the Tahsildar, Vembakkam.

4.

In view of the above, there shall be a direction to the 2 nd respondent to deal with the representation made by the petitioner on 04.06.2025, on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of a copy of this order. 5.

This writ petition is disposed of with the above directions. No costs.

28-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Office Of The Collectorate, Tiruvannamalai 2.The Assistant Director Geology And Mines, Tiruvannamalai District 606 601 3.The Tahsildar Tiruvannamalai 4.Snv Enterprise No. 63 Sree Bhakyalakshmi Nagar, Kancheepuram

N.ANAND VENKATESH J.

rka 28-07-2025