Madras High CourtWP(MD)/20763/2025disposed of

Kaverimatrumneervalaatharapathukappusangam v. The Secretary

2025-08-08Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.(MD).Nos.16071, 16073 & 16074 of 2025 KaverimatrumNeervalaAtharaPathukappuSangam ... Petitioner Vs.

1.The Secretary, Revenue Department, Secretariat, Fort Saint George, Chennai - 32.

2.The Commissioner, Dept. of Geology and Mining, Alanthur Road, Guindy Industrial Park, Guindy, Chennai - 600 032.

3.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai.

4.The District Collector, Office of the District Collector, Collectorate, Karur.

5.The Assistant Director, Dept. of Geology and Mining, Collectorate, Karur.

6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, S.F.No.654, 655 Arivu Thirukoil Road, L.G.B. Nagar, L.N.S. Village, Karur - 639 002.

7.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Kulithalai Revenue Division, Kulithalai.

8.M/s.Rathinagiriswarar Blue Metals, Rep. by its Managing Partner, S.F.No.2/1, Sivayam North Village, Krishnarayapuram Taluk, Karur District.

9.M/s.Navamani Mines Private Limited, Rep. by its Managing Director, 5/898, Alagu Nagar Trichy Road, Namakkal - 637 001.

10.Palaniyandi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st and 2nd respondents to take legal action against the unlawful and illegal quarry

activities in survey numbers 8/2A, 8/2B and 10/2B of Sivayam (N) Village, Krishnarayapuram Taluk, Karur District and also direct the 1st and 2nd respondents to take departmental disciplinary proceedings as well as penal proceeding against the officials involved in the mining scam based on the petitioner's complaint dated 05.06.2025. For Petitioner : Mr.M.Kirubakaran for Mr.K.Prabakaran For R8 to R10 : Mr.S.Jimraj Milton

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner has given a representation dated 05.06.2025 to the respondents 1, 2, 4 & 7, requesting to take action against the illegal quarrying and to take steps to collect the penalty amount levied by RDO, Kulithalai. Since the said representation has not been considered till date, the present Writ Petition has been filed.

2. Heard the learned counsel for the petitioner, as well as the learned counsel who takes notice for the respondents 8 to 10.

3. It is needless to point out that whenever a representation of this nature is made to an Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 05.06.2025, if not already disposed of and pass appropriate orders on merits and in accordance with law, after giving due opportunity to interested parties, within a period of three (3) months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs. Connected miscellaneous petitions are closed. [M.S.R, J.] [V.L.N, J.] 08.08.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni

To 1.The Secretary, Revenue Department, Secretariat, Fort Saint George, Chennai - 32.