N.Nallasivam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.3782 of 2025 N.Nallasivam ... Petitioner -Vs1. The District Collector,

2. The Assistant Director, Department of Mines and Geographical, Collectorate, Karur.

3. The Revenue Divisional Officer, Aravakuruchi,

4. The Tahsildar, Aravakuruchi Taluk,

5. The Executive Engineer, Tamil Nadu Pollution Control Board, Karur.

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6. The Revenue Inspector, Chinna Tharapuram,

7. M/s. Asia Exports, Uthukarapalayam, Koodalur West Village, Aravakuruchi Taluk, ... 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 7th respondent from in any manner functioning the Stone Quarry in S.F. No.104, Uthukarapalayam, Koodalur West Village, Aravakurichi Taluk, Karur District, on the basis of objections submitted by the petitioner dated 18.09.2024.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.P.Thilak Kumar(R1-R4 & R6) Government Pleader Mrs.Madhuri Donti Reddy(R5) Standing Counsel 2/6

ORDER

[Order of the Court was made by J.NISHA BANU, J.] This writ petition has been filed seeking for a direction to the respondents 1 to 5 to forbear the 7th respondent from in any manner functioning the Stone Quarry in S.F. No.104, Uthukarapalayam, Koodalur West Village, Aravakurichi Taluk, Karur District, on the basis of objections submitted by the petitioner dated 18.09.2024.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed against the 7th respondent, notice to the 7th respondent is dispensed with.

3. According to the learned counsel for the petitioner, a stone quarry is being run in Koodalur West Village by the seventh respondent. who is found to use high explosives for operating the blasts in the stone quarry. As a result of which, the villagers are facing the problem of noise pollution, air pollution and land pollution. The stone quarry is 3/6

surrounded by agricultural lands, more particularly, the land of the petitioner is situated at a distance of four feet from the stone quarry. Therefore, the petitioner made a request before the 5th respondent to stop the quarry functioning and the 5th respondent visited the said quarry and issued oral orders to blast only the unexploded pits filled with explosives. However, the grievance of the petitioner is that the 7th respondent is making attempts to blast the stone quarry beyond the unexploded pits by refilling new pits with explosives. Hence, the petitioner made an objection dated 18.09.2024 to the respondents. Since no action has been done on the petitioner's objection till date, the present writ petition has been filed.

4. Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents 1 to 4 & 6, would submit that 7th respondent is running the said stone quarry with a valid licence and hence, this writ petition is liable to be dismissed.

5. Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents and perused 4/6

the materials placed before this Court.

6. In view of the submissions made on either side, it is clear that the 7th respondent is running the stone quarry with a valid licence and hence, if at all the petitioner is having any grievance over the licence issued in favour of the 7th respondent to run the stone quarry, he has to challenge the same in the manner known to law. This Court is not inclined to entertain this writ petition and accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B., J.] & [S.S.Y., J.] 26.02.2025 NCC : Yes / No Index : Yes / No Sm 5/6

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Sm TO:-

1. The District Collector,

2. The Assistant Director, Department of Mines and Geographical, Collectorate, Karur.

3. The Revenue Divisional Officer, Aravakuruchi, Karur District.

4. The Tahsildar, Aravakuruchi Taluk, Karur District.

5. The Revenue Inspector, Chinna Tharapuram, Karur District.

Order made in Dated:

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