Paneer Selvam G v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.5089 of 2023 G.Paneer Selvam ... Petitioner -vs1.The Director Department of Geology & Mines Guindy, Chennai-600 032 2.The Additional Director Room No.209 Department of Geology & Mines Guindy, Chennai-600 032 3.The Assistant Geologist / Assistant Director (ic) Geology & Mines Department Office of the Assistant Director Dindigul District 4.The District Collector Collectorate Dindigul District

5.The Superintendent of Police Dindigul District 6.The Tahsildar Palani Taluk Dindigul District 7.The Panchayat President Thatha Nayakkan Patti Village (North) Palani Taluk Dindigul District 8.The Inspector of Police Neikarapatti Police Station Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 8 to protect and preserve the divine Periya Iver Malai Hillock and the Deepa Sthambam installed at its top and not to lease out or licence for mining and stone quarry operation to any person in the Divine Periya Iver Malai Hillock situated at S.No.174 of Thatha Nayakkan Patti Village (North), Palani Taluk, Dindigul District. For Petitioner :

Mr.K.Govindarajan for Mr.AR.Jeyarhuthran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R7 Mr.T.Senthil Kumar Additional Public Prosecutor for R8

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner apprehends that the Government may allow quarrying operations in a hillock called "Periya Iver Malai", situated at Survey No.174 of Thatha Nayakkan Patti Village (North), Palani Taluk, Dindigul District.

2. Learned counsel for the petitioner would contend that the hillock is a holy place and has a religious and spiritual significance, inasmuch as it contains a Deepa Sthambam, which was erected by Vallanadu Sadhu Chidambaram Swamigal.

3. The Assistant Director, Geology and Mining, Dindigul, has filed a status report stating that no action has been taken by the District Collector, Dindigul District, for granting permission to quarry minerals in Survey No.

174. It is also stated that no action has been initiated by the fourth respondent to issue quarry lease for quarrying stones in Survey No.174 of Thatha Nayakkanpatti (North) Village, Dindigul District.

4. Recording the above statement, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 14.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Director, Department of Geology & Mines, Guindy, Chennai-600 032.

2.The Additional Director, Room No.209, Department of Geology & Mines, Guindy, Chennai-600 32.

3.The Assistant Geologist / Assistant Director (ic), Geology & Mines Department, Office of the Assistant Director, Dindigul District.

4.The District Collector, Collectorate, Dindigul District.

5.The Superintendent of Police, Dindigul District.

6.The Tahsildar, Palani Taluk, Dindigul District.

7.The Panchayat President, Thatha Nayakkan Patti Village (North), Palani Taluk, Dindigul District.

8.The Inspector of Police, Neikarapatti Police Station, Dindigul District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.5089 of 2023 14.03.2023