P.Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/04/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.5234 of 2025 and WMP(MD) No.3822 of 2025 P.Murugan ... Petitioner Vs
1. The District Collector, Virudhunagar District, Virudhunagar..
2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District..
3. The Assistant Director of Geology and Mining, Virudhunagar District, Virudhunagar..
4. The Tahsildar, Kariyapatti Taluk, Virudhunagar District..
5. S.Thirumavalavan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st to 4th respondents to take effective steps to prevent the illegal Quarry operations from the lands in Survey No. 22/7A, 22/8, 22/9, 22/10, 39/1 1/5
and 39/3 situated at Thonukal Revenue Village, Kariyapatti Taluk, Virudhunagar District by considering the petitioner's representation dated 17.02.2025.
For Petitioner : Mr.M.Thangapandian For Respondents : Mr.P.Thilak Kumar for R1 to R4 Government Pleader Mr.C.Vakeeswaran for R5
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed for a mandamus to direct the respondents 1 to 4 to take effective steps to prevent the illegal quarry operations of the lands in Survey Nos. 22/7A, 22/8, 22/9, 22/10, 39/1 and 39/3 situated at Thonukal Revenue Village, Kariyapatti Taluk, Virudhunagar District by considering the petitioner's representation dated 17.02.2025.
2. Heard the learned counsel for the petitioner, learned Government Pleader for the respondents 1 to 4 and the learned counsel for the 5th respondent.
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3. The petitioner has filed this writ petition as public interest litigation. It is his case that in his village in the aforesaid survey numbers, under the guise of quarry license, quarry operations were started by the 5th respondent. It is the grievance of the petitioner that in and around the aforesaid lands, an odai is situated and the odai is said to be the common source of water for the villagers and around the quarrying land, agricultural lands and patta lands are situated. Therefore, if the quarrying operations are allowed to continue, it will affect not only the livelihood but also the health of the villagers and hence, the petitioner prays for appropriate direction.
4. When the matter was taken up for hearing, the learned Government Pleader submitted that already quarry license was granted to the 5th respondent by adhering to the laws prevailing on field.
5. However, the learned counsel for the petitioner would submit that while granting license, no opportunity of hearing was given to the petitioner and other villagers.
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6. Considering the facts and circumstances of the case and recording the submission of the learned Government Pleader, since license had already been granted to the 5th respondent, this writ petition is dismissed. However, liberty is granted to the petitioner to challenge the license granted. No costs. Consequently connected Miscellaneous Petition is closed.
[J.N.B.,J] [S.S.Y.,J] 21.04.2025 NCC : Yes/No Index : Yes/No RR To
1. The District Collector, Virudhunagar District, Virudhunagar..
2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District..
3. The Assistant Director of Geology and Mining, Virudhunagar District, Virudhunagar..
4. The Tahsildar, Kariyapatti Taluk, Virudhunagar District..
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J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.5234 of 2025 Date : 21/04/2025 5/5