T.Pannerselvam v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28207 of 2024 and W.M.P.Nos.30752 and 30753 of 2024
1. T.Panneerselvam
2. V.Saravanan
3. T.Suseela
4. R.Rajendran
5. C.Radhakrishnan
6. T.Muthukumaran
7. S.Sakunthala
8. E.Murugesan
9. T.Sekar
10. T.Gunasekaran ... Petitioners Vs.
1.
The Commissioner, Dept of Geology and Mining, Guindy, Chennai - 32.
2.
The District Collector, Thiruvarur, Thiruvarur District.
3.
The Assistant Director, Geology and Mining, Thiruvarur.
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4.
The Inspector of Police, Peralam, Nannilam Taluk.
5.
G.Subramaniyan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus restraining the 1 to 3 respondents herein from granting permission to operate mining 'Savudu' in "Agricultural Conversion Zone" in R.S.Nos.206/2, 64/6 and 64/8 measuring 2-25-0 Hectare in Annathanapuram Revenue Village, Nannilam Taluk, Thiruvarur District in favour of the 5th respondent herein and if any such permission was accorded then the same may be directed to be cancelled forthwith in pursuance of the representation given the villagers of 22.07.2024 and protect the petitioners land in Annathanapuram Revenue Village, Nannilam Taluk, Thiruvarur District.
For Petitioners :
M/s.R.T.Shyamala For Respondents :
Mr.E.Vijay Anand, AGP
O R D E R
The petitioners have filed this petition seeking to restrain the respondents 1 to 3 herein from granting permission to operate mining 'Savudu' in "Agricultural Conversion Zone" in R.S.Nos.206/2, 64/6 and 64/8 measuring 2-25-0 Hectare in Annathanapuram Revenue Village, Nannilam Page No.2 of 7
Taluk, Thiruvarur District in favour of the 5th respondent herein and if any such permission was accorded then the same may be directed to be cancelled forthwith in pursuance of the representation given the villagers of 22.07.2024 and protect the petitioners land in Annathanapuram Revenue Village, Nannilam Taluk, Thiruvarur District.
2. The case of the petitioners is that they are residents of Annathanapuram Revenue Village, who are owning agricultural lands in the said village. Since the fifth respondent was mining to take Savudu from the land as per the permission granted by the third respondent, the petitioners along with the other villagers gave a representation dated 22.07.2024 before the respondents 1 to 3, seeking to restrain the respondents 1 to 3 from granting permission to operate mining 'Savudu' in the Agricultural Conversion Zone. However, the same was not considered. Hence the present writ petition has been filed seeking the aforesaid relief.
3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the respondents 1 to 3 to consider the petitioners Page No.3 of 7
representation dated 22.07.2024 and pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the petitioners as well as the aggrieved persons if any, within a particular time frame to be fixed by this Court.
4. Heard the learned counsel appearing on either side and perused the materials placed on record.
5. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioners representation dated 22.07.2024 and pass appropriate order on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
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RAP Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.
The Commissioner, Dept of Geology and Mining, Guindy, Chennai - 32.
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2.
The District Collector, Thiruvarur, Thiruvarur District.
3.
The Assistant Director, Geology and Mining, Thiruvarur.
4.
The Inspector of Police, Peralam, Nannilam Taluk.
M.DHANDAPANI,J.
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