Madras High CourtWP/42797/2025disposed of with direction

C.Muthusamy v. The Commissioner

2025-11-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Muthusamy ... Petitioner Vs.

1 THE COMMISSIONER, DEPARTMENT OF GEOLOGY AND MINING, THIRU.Vi.Ka. INDUSTRIAL ESTATE, GUINDY, CHENNAI - 600 032.

2 THE DISTRICT COLLECTOR, COLLECTORATE, KARUPPA GAUNDANPALAYAM, TIRUPUR DISTRICT - 641 604 3 THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI - 600 003.

4 DISTRICT REVENUE OFFICER COLLECTORATE KARUPPA GAUNDANPALAYAM TIRUPUR DISTRICT - 641 604.

5 THE REVENUE DIVISIONAL OFFICER UDUMALAIPETTAI, TIRUPUR DISTRICT - 642 126.

6 THE ASSISTANT DIRECTOR (MINES), COLLECTORATE OFFICE, DEPARTMENT OF GEOLOGY & MINING, TIRUPUR DISTRICT - 641 604.

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7 THE ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, NO.76, MOUNT SALAI, GUINDY, CHENNAI - 600 032.

8 THE DIVISIONAL RAILWAY MANAGER, DRM COMPLEX, RAILWAY COLONY ROAD, MADURAI - 625 016.

9 THE DISTRICT ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, THIRUPPUR(SOUTH), NO.12A, POLLACHI BYPASS ROAD, PALLADAM, TIRUPUR DISTRICT - 641 664.

10 THE THASHILDAR MADATHUKULAM TALUK, TIRUPUR DISTRICT - 642 113.

11 LAND REVENUE INSPECTOR, THOONGAVI, MADATHUKULAM TALUK, TIRUPUR DISTRICT.

12 THE VILLAGE ADMINISTRATIVE OFFICER MAIVADI VILLAGE-2, MADATHUKULAM TALUK - 642 111.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and dispose of the petitioner representation dated 25.09.2025 to conduct a comprehensive field inspection using latest technology including DGPS satellite survey/ drone survey of quarry operations in survey Nos.610/1 and 618/2A1, 618/2A2, in Myvadi Village, Madathukulam 2/7

Taluk, Tiruppur District, upon finding violations, to initiate necessary remedial actions including cancellation of illegal quarry operations, recovery of the 100% cost of illegally mined minerals in accordance with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, initiation of criminal proceedings as per the judgement of the Hon'ble Supreme Court in Common Cause v Union of India, (2017) 9 SCC 499, within a prescribed time frame. For Petitioner : Mr.N.D.Sivakumaran For Respondents : Mr.Stalin Abimanyu for R1, R2, R4 to R6, R10 to R12 Ms.S.S.Meenakumary for R3 and R8 Senior Panel Counsel

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 25.09.2025 to conduct a comprehensive field inspection using latest technology including DGPS satellite survey/ drone survey of quarry operations in survey Nos.610/1 and 618/2A1, 618/2A2, in Myvadi Village, Madathukulam Taluk, Tiruppur District, upon finding violations, to initiate necessary remedial actions including cancellation of illegal quarry operations, recovery of the 100% cost of illegally mined minerals in accordance with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, initiation of criminal proceedings as per the 3/7

judgement of the Hon'ble Supreme Court in Common Cause v Union of India, (2017) 9 SCC 499, within a prescribed time frame. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the land adjacent to subject property and further submitted unregulated quarrying activities are carried out in the subject properties and hence the petitioner made representation to the respondents to enquire into the matter, however, there is no response. The learned counsel further submitted that this Court may issue direction to the respondents to consider the petitioner's representation dated 25.09.2025 and to pass appropriate orders, within a reasonable time frame.

3.The learned Senior Panel Counsel appearing for the respondents 3 and 8 submitted that the petitioner's grievance is that both the quarries are situated within 15 Km from the Railway Track. 4.The learned Additional Government Pleader submitted that already the petitioner's representation was forwarded to the Taluk Level Task Force Committee and hence, this Court may issue direction to the second respondent to consider the petitioner's representation 4/7

dated 25.09.2025 and to pass appropriate orders. 5.Considering the limited relief sought for in this writ petition, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 25.09.2025, on merits and in accordance with law and to pass appropriate orders after providing opportunity to all the aggrieved persons, within a period of twelve weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of. No costs. 12.11.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE COMMISSIONER, DEPARTMENT OF GEOLOGY AND MINING, THIRU.Vi.Ka. INDUSTRIAL ESTATE, GUINDY, CHENNAI - 600 032.

2 THE DISTRICT COLLECTOR, COLLECTORATE, KARUPPA GAUNDANPALAYAM, TIRUPUR DISTRICT - 641 604 3 THE GENERAL MANAGER, 5/7

SOUTHERN RAILWAY, PARK TOWN, CHENNAI - 600 003.