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Madras High CourtWP(MD)/1443/2020disposed of

R. Papanasam v. The Govt. Of Tamil Nadu

2025-07-08Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.1151 of 2020 R.Papanasam ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep., by its Principal Secretary, Geology and Mining Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Director of Geology and Mining, Chennai.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Assistant Director, Tamil Nadu Mines and Minerals Department, Virudhunagar District, Virudhunagar.

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5.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

6.S.S.Sakthi Murugesan

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to forbear the 6th respondent from doing quarrying operation in S.Nos.718/2A1, 718/3, 719/4, 720/5, 718/2B, 720/2 situated at Erichanatham Village punja lands' area and thereby violating the Rule 36(1)(1-A) of the Tamil Nadu Mines and Mineral Concession Rules, 1959. For Petitioner : Mr.P.Balan For R1 to R5 : Mr.P.Thilak Kumar, Government Pleader For R6 : Mr.P.Mahendran

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today (08.07.2025), when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5 would submit that excess quarrying operations were identified and the authorities competent measured excess quarrying and imposed penalty to the tune of Rs.21 Crores. 2/5

2.It is needless to state that penalty imposed must be recovered from the persons concerned by following the procedures as contemplated under the Act and Rules. In the event of non-recovery, the authorities competent must be held responsible and accountable for the financial loss to the State Exchequer. 3.With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 08.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Principal Secretary, Government of Tamil Nadu, Geology and Mining Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Director of Geology and Mining, Chennai.

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3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Assistant Director, Tamil Nadu Mines and Minerals Department, Virudhunagar District, Virudhunagar.

5.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 08.07.2025 5/5