M.Karthik Raja v. The District Collector
1/9
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 36149 of 2025 M.Karthik Raja Petitioner(s) Vs
1. The District Collector Namakkal District.
2.The Assistant Director of Geology and Mines Namakkal Collectorate, Namakkal.
3.The Tahsildar Tiruchengode Taluk, Namakkal District.
4.Ashokan 5.Mani Respondent(s)
2/9 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary stringent action against the respondents-4 and 5 so as to enable the petitioner to complete the project of Gravel quarry in Karuveppampatty Eri, in S.F. No.365 (Part) of Karuveppampatty Village, Tiruchengode Taluk, Namakkal District by providing adequate protection, by considering the representation dated 18.08.2025.
For Petitioner(s):
Mr.Sarath Chandran for Mr.Ma.P.Thangavel For Respondent(s):
Mr.E.Vijay Anand Additional Government Pleader for R1 to R3
ORDER
This writ petition has been filed for issue of writ of mandamus directing respondents 1 to 3 to take action against respondents 4 and 5 in order to enable the petitioner to quarry gravel from the subject property. 2.The case of the petitioner is that he submitted an application to the 1st respondent for grant of quarry lease. Pursuant to the same, a Supplier
3/9 Agreement dated 03.03.2025, was executed. On 30.06.2025, the 2nd respondent approved the contract in favour of the petitioner with certain terms and conditions as per Section 7 of the Tamil Nadu Minor Minerals Concession Rules, 1959. The same was also subsequently approved by the 1st respondent with additional conditions.
3.The grievance of the petitioner is that after the quarry work was commenced from 12.08.2025, on 16.08.2025, at the instigation of the 4th and 5th respondents, some strangers started interfering with the work and prevented the petitioner from quarrying the gravel from the subject property. Under such circumstances, a complaint was given by the petitioner and the same did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.
4.When the matter was taken up for hearing today, the learned Additional Government Pleader produced the written instructions received from the 2nd respondent. The relevant portions are extracted hereunder:
4/9
9) On compliance of all the provisions as enunciated in rule 7 of Tamil Nadu Minor Mineral Concession Rules, 1959 quarry lease for quarrying Earth over the area in 75x75x0.9 mts in the Government Poramboke S.F.No.365, Narayanampalayam Lake of Karuveppampatty Village, Tiruchengode Taluk, Namakkal District for a period of 45 days from 06.08.2025 to 19.09.2025 and lease deed has been executed in Appendix - III of Tamil Nadu Minor Mineral Concession Rules, 1959. The applicant has remitted the Seigniorage Fee and other charges applicable as detailed below. Details For 5,000 Cbm or 10,000 MT of Earth the amount to be paid at Total Amount in Rs.
1. Seigniorage Fee 262,60,0002. DMFT Contribution @10% of Seigniorage Fee 26,0003. Green Fund @10% of Seigniorage Fee 26,0004. Mineral Bearing Land Tax 454,50,0005.Cost of Mineral 100- (per Cbm) 5,00,0006. Income Tax @2% of Seigniorage Fee 5,2007. Security Deposit - 10,0008. Area Assessment - 281Total 12,77,481
5/9
10) Meanwhile on 16.08.2025 it is reported that some public from Karuveppampatty Village raised objection against the permission granted by the District Collector for the removal of Earth from the said tank and protested to continue quarry operation and in relation to this a paper news has been published on 17.08.2025 in Dinakaran daily and in other daily newspapers. Based on the said incidence and paper news publication necessary field inspection has been carried out on 17.08.2025 afternoon by the Assistant Director of Geology and Mining, Namakkal along with the Tahsildar, Tiruchengode and the quantum of mineral Earth so far removed has been assessed as 1,200 Cbm of Earth only from an area of about 57x40 mts up to an average depth of about 0.3 mts to 1.1 mts approximately and there seems to be no violation and no excess quarrying of mineral from the permitted area. The applicant had obtained transport permit for a total quantum of 2,700 MT of Earth and operated the quarry.
11) The applicant has to make his own arrangements for the removal of Earth from the lease granted area and there no impediment for the removal of mineral from the lease permitted area. The general public of the village are agitating against the permission granted by the District Collector for the removal of Earth from the said tank at Karuveppampatty Village,
6/9 Tiruchengode Taluk, Namakkal District. As stated by the petitioner there is no records or proof of evidence for illegal gain by the strangers with regard to the mineral removal from the area. 5.It is clear from the above that the petitioner has been granted permission by the District Collector for the removal of earth and the necessary formalities have been completed. The specific case of the petitioner is that 4th and 5th respondents are instigating certain persons in the locality to conduct agitation and to stop the petitioner from quarrying. 6.The petitioner who has been validly granted permission cannot be indirectly prevented from carrying on with the work just because some of the rivals want the work to be stopped with the help of the local people. The 2nd and 3rd respondent shall ensure that the petitioner carries on with the quarry for the entire period without causing any disruption and necessary police protection shall also be given and if anyone try to create any law and order problem, necessary action shall be taken against them in accordance with law.
7/9 7.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 22-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr Note: Issue Order Copy on 25.08.2025
8/9 To
1. The District Collector Namakkal District.
2.The Assistant Director of Geology and Mines Namakkal Collectorate, Namakkal.
3.The Tahsildar Tiruchengode Taluk, Namakkal District.
9/9 N.ANAND VENKATESH J.
ssr 22-08-2025