Meyyan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.2237 & 2239 of 2025 Meyyan ... Petitioner Vs.

1. The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600032.

2. The District Collector, Dindigul District, Dindigul.

3. The Assistant Director, Department of Geology and Mining, Collectorate, Dindigul - 1.

4. The Tahsildar, Natham Taluk, Dindigul District.

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandmus calling for the records relating to the impugned tender notification dated 08.01.2025 in Rc.No.311-1/2024/Mines issued by the 2nd respondent and quash the same as illegal in so far to granting license or permission for commencing rough stone quarry operations in Survey No.258/1 (258/11(P))of Sathampadi Village, Natham Taluk, Dindigul District and in the neighboring lands.

For Petitioner : Mr.R.Mohanasundaram For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The tender notification dated 08.01.2025 is under challenge in this Writ Petition.

2.The case of the petitioner is that grazing land has been utilized for mining operations and therefore, the impugned tender notification has to be set aside.

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3.The counter filed by the 3rd respondent / Assistant Director, Department of Geology and Mining, reveals that the subject land was classified as un-assessed waste land and an extent of 1.50.00 hectares of land was demarcated for stone quarrying activities for the first time. Further, permission was granted to the highest bidder as per Rules 41 and 42 of Tamil Nadu Minor Mineral Concession Rules, 1959, mining plan was approved by the competent authorities and a prior Environment Clearance of the State Level Environment Impact Assessment Authority are to be obtained. The quarrying activities will be monitored by the Taluk Level Task Force Committee, District Environment Engineer, Tamil Nadu Pollution Control Board, Revenue, Geology and Mining and other allied departments.

4.Since mining activities are permitted in a legal manner and under the provisions of Mines and Mineral (Development & Regulation) Act 1957 and Rules framed therein, this Court is not inclined to interfere with the impugned tender notification. That apart, the impugned tender notification was not acted upon. Thus, the cause did not exist.

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5.For all these reasons, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 04.06.2025 NCC : Yes / No Index : Yes / No Yuva To:-

1. The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600032.

2. The District Collector, Dindigul District, Dindigul.

3. The Assistant Director, Department of Geology and Mining, Collectorate, Dindigul - 1.

4. The Tahsildar, Natham Taluk, Dindigul District.

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S.M.SUBRAMANIAM, J.

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

Yuva 04.06.2025 5/5