Madras High CourtWP(MD)/14356/2023disposed of

Raveenthiran M v. The District Collector

2023-09-29Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.14356 of 2023 M.Raveenthiran ... Petitioner Vs.

1.The District Collector, Karur District.

2.The Joint Director, Mines and Minerals Department, Guindy, Chennai.

3.The Member Secretary, State Level Environment Impact, Assessment Authority, Third Floor, Panagal Maligai-I, Gennis Road, Saidapet, Chennai-600 015.

4.T.Ponnusamy ...Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 herein not to grant license in favour of the fourth respondent, namely, T.Ponnusamy, son of Thangavel, residing at No.4, Pavithram, Pavithram Post, Karur District, to carry out quarry operations in the lands in Survey Nos.1067(1)(part), 1067(2)(part) and 678(part), Thennilai Melpagam Village, Aravakurichi Taluk, Karur District.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader for R1 and R2 Mr.N.Dilip Kumar for R3 Mr.R.Murali for R4

O R D E R

This Writ Petition has been filed seeking a Mandamus directing the respondents 1 to 3 herein not to grant license in favour of the fourth respondent to carry out quarry operations in the lands in Survey Nos.1067(1)(part), 1067(2)(part) and 678(part), situated at Thennilai Melpagam Village, Aravakurichi Taluk, Karur District. 2/5

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner seeks time to argue the matter.

3. The learned counsel appearing for the fourth respondent submits that initially, the petitioner was the owner of the lands in Survey Nos. 1067(1)(part), 1067(2)(part) and 678(part) situated at Thennilai Melpagam Village, Aravakurichi Taluk, Karur District and he has sold these lands to the fourth respondent by way of a registered sale deed, dated 17.03.2022. While so, the petitioner has submitted an application before the respondents 1 to 3 on 17.05.2023 not to grant license to the fourth respondent for carrying out quarry operations in the said lands. He further submits that the petitioner was previously conducting quarry in the said lands along with the fourth respondent.

4. In view of the submission made by the learned counsel appearing for the fourth respondent, in the event, if the fourth respondent submits an application for conducting quarry in the said lands, the concerned Authority is expected to conduct enquiry and take a decision 3/5

in accordance with law.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

29.09.2023 Index: Yes/No Internet: Yes/No ssb To 1.The District Collector, Karur District.

2.The Joint Director, Mines and Minerals Department, Guindy, Chennai.

3.The Member Secretary, State Level Environment Impact, Assessment Authority, Third Floor, Panagal Maligai-I, Gennis Road, Saidapet, Chennai-600 015.

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B.PUGALENDHI, J.

ssb 29.09.2023 5/5