Madras High CourtWP(MD)/12198/2023disposed of

Balamurugan .P v. The District Collector

2023-12-01Honourable The Chief Justice,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.10429, 10431, 10432, 14381 and 21231 of 2023 P.Balamurugan ... Petitioner vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Assistant Director, Geology and Mining Department, Ramanathapuram District, Ramanathapuram.

3. The Assistant Collector / Revenue Divisional Officer, Paramakudi.

4. The Tahsildar, Paramakudi Taluk, Paramakudi.

5. The Chairman, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

6. The Member Secretary, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

7. The Sub Registrar, Manamadurai.

8. P.Duraipandian

9. D.Jothiranganayaki

10. M.K.Thavamani

11. D.Sendhurpandian ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents 1 to 6 in any manner processing the granting of any mining license / permission in favour of respondents 8 to 11 and in any manner of brick earth quarry for the brick kiln situated at 166/1A of Soodiyur Village and further direct the respondents 1 to 4 to initiate appropriate action under the Revenue Recovery Act, 1864, to assess and recover the loss caused by the respondents 8 to 11 within a time-frame fixed by this Court.

For Petitioner : Mr.R.Murali for Mr.J.Krishna Kumar For R1 to R4 & R7 : Mr.P.Thilakkumar, Government Pleader For R5 & R6 : Mr.Y.Jegadeesh for Mr.N.Dilip Kumar, Standing Counsel For R8 to R10 : Mr.G.Prabhu Rajadurai for Mr.C.M.Arumugam For R11 : Mr.V.Sundararaj

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.R.Murali learned counsel representing the counsel on record for petitioner, Mr.P.Thilakkumar, learned Government Pleader appearing for the respondent Nos.1 to 4 and 7,

Mr.Y.Jegadeesh learned counsel appearing for Mr.N.Dilip Kumar, learned Standing Counsel for the respondent Nos.5 and 6, Mr.G.Prabhu Rajadurai learned counsel appearing for Mr.C.M.Arumugam, learned counsel on record for the respondent Nos. 8 to 10 and Mr.V.Sundararaj, learned counsel appearing for the respondent No.11.

The learned counsel for the petitioner submits that the respondent Nos.8 to 11 are indulging in illegal mining. They have applied for the mining licence / permission of brick earth quarry for the brick kiln situate in Survey No.166/1A of Soodiyur Village and there is a water body adjacent to the said survey number. 3.

According to the learned counsel for the petitioner, the licence / permission is not granted by the authority. The objection is already filed by the petitioner.

The learned Government Pleader submits that the objection filed by the petitioner will be considered before deciding the application of the respondent Nos.8 to 11 for mining licence / permission.

In view of the said submission, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[S.V.G., C.J.] [L.V.G., J.] 01.12.2023 Index : Yes / No bala To