Tamilselvi.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.13994 of 2025 and W.M.P(MD)No.10148 of 2025 A.Tamilselvi ... 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, Devakkottai Revenue Divisional Office, Sivagangai District.

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

5. Sevugan Ambalam

6. Sargunam ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the 1st to 4th respondents not to give license to the 5th and 6th respondents or any other persons to run the quarry in the Survey Nos.138/1, 137/4, 137/2 and 137/5A by considering the petitioner representation dated 03.05.2025. For Petitioner : Mr.B.Bhuvaneshvari For R1 to R4 : Mr.K.S.Selvaganesan Additional Government Pleader For R5 & R6 : Mr.K.K.Mahesh Raja

ORDER

The writ petition is filed seeking direction to the respondents 1 to 4 not to give license to the 5th and 6th respondents or any other persons to run the quarry in the Survey Nos.138/1, 137/4, 137/2 and 137/5A by considering the petitioner representation dated 03.05.2025.

2. The brief facts of the case is that the petitioner is engaged in agricultural activities in S.No.138/3 at Kallampatty, Vadavanpatti Village, Singampunari Taluk, Sivagangai District. The private respondents herein 2/6

have obtained license from the 3rd respondent for quarry business and used dangerous explosives for quarrying/mining operations near the petitioner's land. Due to which, the petitioner and the adjacent land owners/farmers together raised objection and gave several representations before the authorities to shut down the quarrying unit, however, no action has been taken. Aggrieved by the same, one of the adjacent land owner/farmer filed a writ petition in W.P(MD)No.13003 of 2018 and this Court admitted the case and directed the respondents to file a status report. While so, to wreak vengeance the private respondents foisted a false complaint against the said adjacent/land owner and FIR was also registered against him without proper enquiry. Meanwhile, the quarry was under closure.

3. Again, the licensing officers granted license for carrying out quarrying operations to the very same persons and thus, the petitioner has sent a representation to the official respondents on 03.05.2025. However, the same has not been considered and hence, the petitioner is before this Court.

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4. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the representation of the petitioner dated 03.05.2025 will be considered in accordance with law within the time stipulated by this Court.

5. In view of the same, without expressing any opinion on the merits of the matter the respondents 1 to 4 are directed to consider the representation of the petitioner dated 03.05.2025 and pass final order on its own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, adjacent land owners, 5th and 6th respondents.

6. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 05.08.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

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, Devakkottai Revenue Divisional Office, Sivagangai District.

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

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S.SRIMATHY, J.

rgm W.P(MD).No.13994 of 2025 and W.M.P(MD)No.10148 of 2025 05.08.2025 6/6