Madras High CourtWP/31292/2022disposed of with direction

M/S.Kaveri Mudhali Mines, Minerals And Chemicals v. State Of Tamil Nadu

2025-11-24Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

1. M/s.Kaveri Mudhali Mines, Minerals and Chemicals Rep. by its Proprietor, G.Manoharan, Eachambadi road, Morappur 635 305, Dharmapuri District Petitioner(s) Vs

1. State of Tamil Nadu rep. by its Additional Chief Secretary to Government, Industries Department, Secretariat, Chennai 09 2.The District Collector Dharmapuri District, Dharmapuri Respondent(s) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Government order in G.O (Ms) No.50 Industries (MMA.2) Department dated 14.05.2018 on the file of the 1 st respondent and quash the same and direct the respondents to permit the petitioner to commence the mining operation in

respect of While Quartz in S.F.No.6, 15 & 16 to the extent of 36.85 acres in Porambokke Land and S.F.No.4 & 17/1 to the extent of 6.02 acres in patta land of A.Velampatti Village, Harur Taluk, Dharmapuri District. For Petitioner(s):

Mr.P.M.Subramaniam For Mr.V.Elangovan For Respondent(s):

Mr.Vijay Anand, Additional Government Pleader

ORDER

This writ petition has been filed, challenging the Government order in G.O (Ms) No.50 Industries (MMA.2) Department dated 14.05.2018, issued by the 1 st respondent, and seeking a direction to the respondents to permit the petitioner to commence mining operation in respect of White Quartz in S.F.No.6, 15 & 16 measuring an extent of 36.85 acres in Poramboke Land and S.F.No.4 & 17/1 measuring an extent of 6.02 acres in patta land of A.Velampatti Village, Harur Taluk, Dharmapuri District.

2.The learned counsel for the petitioner submitted that the petitioner had filed an application before the 1 st respondent, through the 2 nd respondent on 21.06.1985, for the grant of a mining lease to mine White Quartz from the

Government Poramboke Land bearing S.F. No.6, 15, & 16 to an extent of 36.85 acres and 6.02 acres in Patta Land in S.F.No.4 & 17/1, of A.Velampatti Village, Harur Taluk, Dharmapuri District for a period of 20 years. However, after 12 years, the 1 st respondent vide G.O. (3D) No.99, Industries (MMA.2) Department dated 27.06.1997 sanctioned the mining lease to mine White Quartz for a period of 20 years subject to the on condition that the applicant should obtain environmental clearance from the Ministry of Environment and Forest, Government of India before the execution of the lease deed and commencement of mining operation. As per the direction of the 1 st respondent, the petitioner made an application to the Ministry of Environment for Environmental Clearance. After 5 years, the said Ministry accorded the Environmental Clearance on 11.03.

2002 for an annual production of 80 TDP (ROM) by open cast manual in the lease area of 42.87 acres. Thereafter, the lease deed was executed in Form K between the petitioner and the 2 nd respondent on 01.04.2002. However, the Ministry of Environment Forest, Government of India in its letter dated 11.03.

Mining operation, since TNPCB has granted NOC for 3000 TPA where as at the rate of 30 TPD the annual production is around 10000 TPA. Hence the application was preferred before the Tamil Nadu Pollution Board by the petitioner to issue revised consent orders for the mining operation. The Tamil Nadu Pollution Control Board on 13.04.2002, issued the Consent to Establish and Consent to Operate, imposing the usual conditions. However, the petitioner was not able to operate the quarry due to the delay caused by the respondent authorities. Therefore, the petitioner made a request to the respondents on 23.03.2004, narrating all the above facts and requesting extension of time for commencing mining operation.

However, the same was rejected by the original authority and upheld upto the Government, on the ground that the Government of India, Ministry of Mines, in their Notification S.O. No.423E, dated 10.02.2015 have declared 31 major minerals as minor minerals. However, the Ministry of Mines Notification vide S.O.924 (E) dated 20.02.2025 has omitted Quartz from the list of minor mineral. Hence, as per the said recent notification of Ministry of Mines, the Quartz is now classified as a major mineral.

the petitioner's patta land. However, in respect of Government poramboke land, the lease can be granted only by way of public auction in terms of Rule 43(4)(i). Hence, this Court may grant liberty to the petitioner to approach appropriate authority for mining white Quartz in the manner known to law.

3. Recording the above submissions, this writ petition stands closed. However, liberty is granted to the petitioner to participate in the public auction in respect of the Government land. Since the white Quartz has now been declared as a major mineral, the State Government has no power to issue a license in favour of the petitioner. In view of the subsequent development, the petitioner is at liberty to approach the competent authority for grant of a mining lease, for mining white Quartz, in the manner known to law. Consequently, connected miscellaneous petition is closed. No costs. 24-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

uma To

1. The Additional Chief Secretary to Government, Industries Department, Secretariat, Chennai 09 2.The District Collector Dharmapuri District, Dharmapuri

M.DHANDAPANI J.

uma

24-11-2025