R.Aravindan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD)No.7445 of 2025 R.Aravindan ... Petitioner Vs
1. The District Collector, Dindigul District, Dindigul.
2. The Assistant Director, Mines and Minerals Department, Dindigul District.
3. The Tahsildar, Natham Taluk, Dindigul District.
4. M.Pandian
5. Poovaraghavan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.7/2019 (Minerals) dated 09.10.2020 passed by the 1st respondent and quash the
same as illegal and consequently directing the 1st respondent to cancel the stone quarry license in Survey No.458/1, Sirugudi Village, Natham Taluk, Dindigul District and take appropriate action against the 4th and 5th respondent based on his representation dated 13.12.2024. For Petitioner : Mr.A.B.Jeeva For Respondent Nos.1 to 3 : Mr.Shaji Bino, Additional Government Pleader
O R D E R
This writ petition has been filed challenging the order in Na.Ka.No.7/2019 (Minerals) dated 09.10.2020 passed by the 1st respondent and consequently directing the 1st respondent to cancel the stone quarry license in Survey No.458/1, Sirugudi Village, Natham Taluk, Dindigul District and take appropriate action against the 4th and 5th respondent based on his representation dated 13.12.2024.
2. The case of the petitioner is that the respondent Nos.4 and 5 have been indulging in quarrying beyond the limits permitted under the lease granted to them. The petitioner pleads that the stone quarry in the
patta land belonging to the fifth respondent has been so exploited that it amounts to violation of the terms of the quarrying lease. It is also alleged that the fifth respondent had crushed a hill area to about five acres or more and to a dangerous depth of 800 feet.
3. When the matter was came up for admission, I directed the respondent Nos.1 and 2 to conduct an inspection in the quarry and to submit a report.
4. Accordingly, the District collector had constituted a team consisting of i) Assistant Director, Geology and Mines Department; ii)The Tasildar, Natham, iii) Village Administrative Officer, Sirukudi and iv) The Firka Surveyor, Natham.
5. Those officials were appointed as inspection team to inspect the property concerned in the writ petition.
6. The report states that the lease holder has removed 1,81,810 Cubic Meters of Rough stone and had paid the statutory charges payable to Government. The said report points out the following observations from the quarry.
''i) Quarrying of rough stone had been accomplished to the permitted level of quarrying as envisaged in the approved mining plan and Environmental Clearance.
ii) Circular ramp projecting into the quarry pit from the surface is maintained, Name board and boundary pillars are intact.
iii) The boundary barrier zone of 7.5 metres had been breached on the western side of the quarry area. iv)Waste/Reject material dumps are located in the non-lease areas, comprising patta lands of the lessee.''
7. The collector has stated that considering the breach of conditions and appropriate action will be initiated against the fourth respondent. As the Government has given a statement before this court that they will initiate steps, Certiorarified Mandamus sought for in this petition need not be granted. Suffice it to record the statement of Mr.Kannan representing Mr.Shaji Bino, learned Special Government
Pleader that action will be initiated by the respondents in accordance with law. While initiating such action, the respondents should put the fourth respondent or any other person interested in the quarry on notice.
8. With the above said observations, this writ petition is allowed. No costs.
17.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes gvn
V. LAKSHMINARAYANAN, J.
gvn To
1. The District Collector, Dindigul District, Dindigul.
2. The Assistant Director, Mines and Minerals Department, Dindigul District.
3. The Tahsildar, Natham Taluk, Dindigul District.
W.P.(MD)No.7445 of 2025 Dated : 17.04.2025