Arockiasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/03/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Arockiasamy ... Petitioner Vs
1. The District Collector, Office of the District Collector, Pudukkottai District..
2. The Assistant Director of Mines,, Office of the Assistant Directors of Mines, Pudukkottai District..
3. Anna Mary
4. Celin Mary ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to cancel the licence granted in favour of the respondents 3 and 4 in the light of other condition No.12 of the quarry lease agreement dated 16.02.2023 pertaining to the quarrying operation of rough stone and gravel in the property comprised in S.No.80/6A and 1/5
80/6B, situated at Vittammapatti Village, Viralimalai Taluk, Pudukkottai District, based on the petitioner representation dated 10.08.2024 and 02.09.2024 within time frame fixed by this Court For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.P.Thilak Kumar for R1&R2 Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The writ petition has been filed for a direction to the respondents 1 and 2 herein to cancel the licence granted in favour of the respondents 3 and 4 in the light of other condition No.12 of the quarry lease Agreement dated 16.02.2023 more particularly under 'other conditions' Sl.No.12 pertaining to the limitations laid down in carrying out the quarrying operations by the petitioner in the property comprised in S.No.80/6A and 80/6B, situated at Vittammapatti Village, Viralimalai Taluk, Pudukkottai District, based on the petitioner's representations dated 10.08.2024 and 02.09.2024 within time frame fixed by this Court 2/5
3. It is the case of the petitioner that the respondents were granted permission to quarry in the aforesaid survey numbers for a period of five years from 13.02.2023. However, it is his further contention that the respondents 4 and 5 are carrying out quarry operations beyond the permissible areas, ie., in S.No.81, which is classified as Kundru and is a Government land. By doing so, they have violated the conditions enumerated in the lease agreement dated 16.02.2023, more particularly under 'other conditions' S.No.12. Hence, the petitioner has given representation to the respondents 1 and 2 on 02.09.2024 to take appropriate action against the respondent. Since the said representations were not considered so far, the petitioner is before this Court with this writ petition.
3. We have heard the learned counsel for the petitioner and the learned Government Pleader for the official respondents.
4. Considering the facts and circumstances of the case and without going into the merits or the contentions of the petitioner, the 1st 3/5
respondent is directed to consider the representation of the petitioner dated 02.09.2024 by giving due opportunity to the petitioner as well as private respondents and other interested persons, if any, and pass suitable orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that if any violation is found, strict action shall be initiated as per law.
5. With the above direction, the writ petition is disposed of. No costs.
[J.N.B.,J] [S.S.Y.,J] 25.03.2025 NCC : Yes/No Index : Yes/No RR To
1. The District Collector, Office of the District Collector, Pudukkottai District..
2. The Assistant Director of Mines,, Office of the Assistant Directors of Mines, Pudukkottai District.. 4/5
J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.1375 of 2025 Date : 25/03/2025 5/5