Madras High CourtWP/41105/2025disposed of with direction

M/S Ace Mining And Co v. The District Collector

2025-11-03Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.46062 of 2025 M/s Ace Mining & Co., Rep By Its Partner Mr C Arunkumar S/o Mr. Chandrakumar, Plot No.67/1 and 67/2, Villankadu Village, Cheyyur Taluk, Chengalpattu District - 603 301.

Petitioner(s) Vs

1. The District Collector Chengalpattu District, Collectorate, Chenglapattu - 603 001 2.The Revenue Divisional Officer Madurantakam, Chengalpattu - 603 306 3.The Tahsildar Cheyyur Taluk Office, Cheyyur Taluk, Chengalpattu District - 603 302 Respondent(s)

PRAYER This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to dispose off petitioner representation under Order 26 (A) of Revenue Standing Order dated 23.07.2024 and 31.05.2024.

For Petitioner(s):

Mr.A.Sundara Vadhanan For Respondent:

Mr.Stalin Abimanyu, Additional Government Pleader

ORDER

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to dispose off the representation of the petitioner under Order 26(A) of Revenue Standing Order dated 23.07.2024 and 31.05.2024.

2. It is the case of the petitioner that it is a partnership firm which entered into a 10-year lease agreement with Mrs.Kavitha for the land in Survey No.67/1(1.30.00 hectares) and Survey No.67/2 (part) (0.75.00 hectares), totalling 2.05 hectares, for Mining Rough Stone and Gravel quarry. The petitioner thereafter applied for a Mining Plan on 11.01.2024 and pursuant

thereto, Precise Area Communication and Mining Plan were approved by the Mining Department and Assistant Director, Geology and Mining, respectively. Thereafter, the Environmental Clearance was granted on 24.05.2024 by the Ministry of Environment, Forest and Climate Change and a lease deed was executed with the Government of Tamilnadu after obtaining clearance and the quarry operation work was commenced in June, 2024. 3.The further case of the petitioner is that the petitioner firm requires a connecting road from the lease patta land in S.No.67/1 and 67/2(part) to the villagers's usage road. This connecting road is poramboke land in S.F.No.68, measuring about 65 meters in length and 12 meters breadth (totalling 780 sq.meters). The pathway measuring 780 sq.meters is locked between the patta lands.

It is the only access to the lands under enjoyment as per the Government's permission. However, the respondents are objecting to the usage of the passage because it is a poromboke land. Therefore, the petitioner made a representation to the District Collector /first respondent on 31.05.2024 for the usage of the 780 sq.meters.

Divisional Officer/second respondent. A reminder representation was also made to the 2 nd respondent on 23.07.2024 stating that the petitioner is willing to pay double the value of the land or purchase fresh land equivalent to the measurement under Revenue Standing Order 26(A) for land exchange. However, the second respondent is yet to pass order on the representation of the petitioner dated 31.05.2024 and also 23.07.2024, even after having inspected the area. Therefore, this Writ Petition has been filed.

4. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation dated 31.05.2024 and also 23.07.2024 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered and orders will be passed within the stipulated time as fixed by this Court.

6. Heard the learned counsel for both side and perused the materials available on record.

7. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the respondents to consider and pass orders on the petitioner's representation dated 31.05.2024 and also 23.07.2024, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 03-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

M.DHANDAPANI J.

Tsg 03-11-2025