V.K.Ganapathy v. The District Collector
2025:MHC:2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 33421 of 2025 V.K.Ganapathy Petitioner(s) Vs 1.The District Collector Collectorate Complex, Nagapattinam District.
2.The Assistant Director Department Of Geology and Mines, Collectorate Complex, Nagapattinam District.
3.The Tahsildar Taluk Office, Nagapattinam District.
4.R.Chandrasekaran Respondent(s) Page No.1 of 7
PRAYER Forbearing the 1 st to 3 rd respondents from issuing the no objection certificate and license to the 4th respondent for digging his wet lands situated in Kidamangalam village, Nagapttinam District and to set up the sand quarry for the purpose of extracting 'Savudu Sand', as it affects the adjacent petitioner's agricultural lands by considering the objections made by the petitioner. For Petitioner(s):
Mr.L.Ramanathan For Respondent(s):
Mr.E.Vijay Anand, AGP For R1 to R3
ORDER
This writ petition has been filed for the issue of a writ of mandamus forbearing the respondents 1 to 3 from giving No Objection Certificate (NOC) and license to the 4 th respondent for digging the wet lands at Kidamangalam Village, Nagapattinam District and to set up a sand quarry for the purpose of extracting 'Savudu Sand'.
2. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the official respondents produced the written instructions received from the Assistant Director, Department of Page No.2 of 7
Geology and Mining, Nagapattinam District. The relevant portions are extracted hereunder:
"7) It is submitted that the mining plan was submitted by the applicant by incorporating all the conditions mentioned in the precise area and the same has been scrutinized by the Assistant Director, Geology and Mining and found correct and approved and forwarded to the State Environmental Impact Assessment Authority.
8) It is submitted that at present the lease application is pending before the State Environment Impact Assessment Authority (SEIAA) for obtaining Environmental Clearance for quarrying of Ordinary earth from the applied area.
10) It is submitted that the State Environment Impact Assessment Authority (SEIAA) will assess all concerns raised by the petitioner and after obtaining the environmental clearance from the competent authority SEIAA and also the applicant may be directed to obtain Consent to Operate (CTO) from the Tamil Nadu Pollution Control Board for further Page No.3 of 7
process of grant of quarrying ordinary lease from the subject area. It is further submitted that the Assistant Geologist in his technical report has directed the applicant to provide 7.5m safety distance to the adjacent agricultural patta land of the petitioner and same will be scrupulously followed by the applicant on grant of lease. The condition of the same will also be incorporated in the lease granting order and also in the lease deed. The enforcement authorities viz., Revenue, Department of Mines will monitor the quarrying operations of the grant of lease regularly on the lines of implementation of those conditions by the applicant which is imposed in the lease granting order and in the lease deed. Therefore the prayer of the petitioner in this Writ Petition that his agricultural land will be affected by the quarrying activities is premature and prejudice at this stage."
3. It is clear from the above that the grievance expressed by the petitioner has been taken note of and even the environmental clearance is yet to be given by the concerned authority till now. Considering the stand taken at paragraph 10 Page No.4 of 7
of the written instructions, the grievance expressed by the petitioner has been sufficiently answered.
4. This Writ Petition is disposed of in the above terms. No costs. Consequently, the connected Miscellaneous Petition is closed. 08-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.5 of 7
To 1.The District Collector Collectorate Complex, Nagapattinam District 2.The Assistant Director Department Of Geology And Mines, Collectorate Complex, Nagapattinam District 3.The Tahsildar Taluk Office, Nagapattinam Disttrict Page No.6 of 7
N.ANAND VENKATESH J.
Jeni 08-08-2025 Page No.7 of 7