N.Senthumani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.12288 of 2025 and W.M.P.(MD)No.9001 of 2025 N.Sethumani ... Petitioner -Vs1.The District Collector, The Collector Office, Sivagangai.

2.The Assistant Director Geology and Mining, The Geology and Mining Department, Collector Office Campus, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Revenue Divisional Office, Sivagangai District.

4.The Tahsildar, The Tahsildar Office, Singampunari Taluk, Sivagangai District.

5.SevuganAmbalam 6.Sargunam ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to cancel the license to run the quarry in the Survey Nos.138/1, 137/4, 137/2 and 137/5A by the respondents 5 and 6 by considering the petitioner's representation dated 18.04.2025. For Petitioner : Ms.B.Bhuvaneshvari, For M/s.Ganesan Legist law Firm For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader For R5 & R6 : M/s.N.Krishnaveni, Senior Counsel for Mr.K.K.Mahesh Raja

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner herein is a farmer by profession and his agricultural land situated in Survey Nos.138/2B, 148/1A, 148/2A, 112/10B, 110/9 at Kallampatty, Vadavanpatti Village, Singampunari Taluk, Sivagangai District is also utilized for cattle rearing as a part of integrated farming. The case of the

petitioner is that in the year 2017, the third respondent has granted license to run quarry near the petitioner's agricultural lands, in the name of 'Sevugan Ambalam and Baskar' vide proceedings in Na.Ka.No.M2/280/2015, dated 04.08.2017 to the respondents 5 & 6. Against such grant of license, the petitioner along with the villagers residing in and around the subject land, raised objections for running the quarry, since the explosive items used in the act of quarrying causes damage to the cattle sheds and also affects agriculture to a great extent. Since there was no action in this regard, the petitioner has earlier approached this Court by filing W.P.(MD)No.13003 of 2018.

3.When W.P.(MD)No.13003 of 2018 was taken up for hearing, at the stage of admission, this Court directed the respondent authority to file status report for the issue raised by the petitioner. Pending the same, the 5th respondent filed a criminal case against the petitioner and therefore, FIR was registered and the petitioner got arrested. Thereafter, the quarry was not in operation. In the meantime, the learned counsel, who was appointed by the petitioner in the said Writ Petition, has withdrawn the case without obtaining the instruction from the petitioner. Now, the petitioner came to know that for the same quarry, license has been given to the same persons ie., respondents 5 & 6. Therefore, the petitioner

sent a representation dated 18.04.2025 to the official respondents to cancel the license to run the quarry by the respondents 5 and 6. 4.The main grievance of the petitioner is that, if the quarry is allowed to operate, the same would cause huge loss and irreparable damages to the agricultural lands situated in and around the quarry, thereby affecting the livelihood of the people residing in the village. Since the representation dated 18.04.2025 submitted by the petitioner has not been considered till date, left with no other option, the petitioner has approached this Court by way of filing the present writ petition seeking for a direction to the respondents 1 to 4 to cancel the license to run the quarry in the Survey Nos.138/1, 137/4, 137/2 and 137/5A, thereby allowing the writ petition.

5. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the official respondents and perused the materials placed before this Court.

6. Perusal of the affidavit reveals that the petitioner has not established any acceptable legal ground for the purpose of granting the relief, as such sought for in the present Writ Petition and further, it is for the officials of the Government

to consider the case of the petitioner. Therefore, we are not inclined to entertain this Writ Petition.

7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 28.04.2025 NCC : Yes / No Index : Yes / No Yuva /sts To 1.The District Collector, The Collector Office, Sivagangai.

2.The Assistant Director Geology and Mining, The Geology and Mining Department, Collector Office Campus, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Revenue Divisional Office, Sivagangai District.

4.The Tahsildar, The Tahsildar Office, Singampunari Taluk, Sivagangai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva / sts W.P.(MD)No.12288 of 2025 28.04.2025