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Madras High CourtWP(MD)/290/2022closed

Jonathan Preeth Jayabarathan. J v. The District Collector

2023-09-15Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI J.Jonathan Preeth Jayabarathan ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director, Department of Geology and Mining, 3.The Revenue Divisional Officer, Cheranmahadevi Revenue Division, Cheranmahadevi 4.The Tahsildar, Nanguneri Tk., Nanguneri, 5.Sivasubbu,

6. Maharajan .S

7. Mohammed Hakkeem .M

8. M/s. Sam Blue Metals, 1/5

Rep. by its Partner, Mr. Sivasubbu, D.No.562/1A, Tharuvai, Palayamkottai Tk.,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting license or permission to the respondents 5 to 8 and his men for commencing stone quarrying operations in agricultural lands in Survey No.84/3C, 84/6A1 and 84/6A3 situated in Paruthipadu Village, Nanguneri Tk., Tirunelveli District and their neighbouring lands, without following the provisions of the Tamil Nadu Mines and Minerals Act and without obtaining environmental clearance from the competent authorities and consequently direct the respondents No 1 to 4 to conduct enquiry on the basis of the objection sent by the petitioner dated 20.12.2021.

For Petitioner : Mr.R.Pon Karthikeyan For R1 to R4 : Mrs.D.Farjana Ghoushia Special Government Pleader For R5 : Mr.H.Arumugam For R6 to R8 : No appearance

O R D E R

The petitioner with a grievance that the respondents 5 to 8 are attempting to conduct quarry operations in agricultural lands without obtaining Environmental clearance submitted an application 2/5

before the respondents and filed this writ petition for a Mandamus to direct the respondents No 1 to 4 to conduct an enquiry. 2.Today(15.09.2023), when this writ petition is taken up for hearing, it is reported that the Assistant Director, Department of Geology and Mining has rejected the application filed by the respondents 5 to 8 for grant of quarry licence. 3.In view of the above, this writ petition is closed. No costs.

15.09.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director, Department of Geology and Mining, 3.The Revenue Divisional Officer, Cheranmahadevi Revenue Division, 4.The Tahsildar, Nanguneri Tk., Nanguneri, 4/5

B.PUGALENDHI, J.

vrn Order made in 15.09.2023 5/5