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Madras High CourtWP(MD)/19410/2016disposed of

R.Velammal v. The District Collector

2017-07-07Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19410 of 2016 and W.M.P(MD)No.13986 of 2016 R.Velammal .. Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director, Department of Geology and Mining, Tirunelveli.

3.The Thasildar, Tirunelveli Taluk, Tirunelveli District.

4.The Block Development Officer, Manur Panchayat Union, Manur, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling the records relating to first respondent made in Na.Ka.M1/24171/13 dated 24.09.2016 and quash the same. For Petitioner : Mr.K.Govindarajan For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

ORDER

This writ petition has been filed seeking a Writ of Certiorari to quash the impugned order dated 24.09.2016 passed in Na.Ka.M1/24171/13 by the first respondent.

2.The case of the petitioner is that she is the owner of the property comprised in Survey Nos.471/1A, 373, 474/2, 3, 373/1B, 1D, 1A, 1C and 2B, Vakaikulam Village, Tirunelveli Taluk. In Survey No.471/1A measuring 2.43.0 Hectares, she is doing Rough Stone Metal Quarry operation from the year 2001 onwards, with the permission of the first respondent and the same was expired in the year 2013. She applied for further permission

before the expiry, during June, 2013. Thereafter, the State Level Environmental Impact Assessment Authority had granted permission for Rough Stone Quarry on 24.08.2016. During pendency of the same, the respondents 3 and 4 wantonly identified a place for construction of free houses, nearby to her quarry. Under the said circumstances, she submitted her objections to the respondents. Further, she filed W.P(MD)No.12362 of 2016 before this Court, wherein this Court, directed the first respondent herein, to consider her objections, within a week. Even her objections are pending, she once again approached this Court by way of filing W.P (MD)No.17739 of 2016, wherein an order of status quo was granted and the same is pending. Despite the same, the first respondent, rejected her objections, by way of passing the impugned order dated 24.09.2016. Therefore, the petitioner is before this Court. 3.The first respondent filed a counter affidavit refuting the claim of the petitioner and prayed for the dismissal of this writ petition.

4.Heard both sides.

5.The petitioner's claim for renewal of her mining operations for rough stone metal quarry came to be rejected by the impugned order dated 24.09.2016 on the ground that a proposal for construction of houses as well as allotment of free house-sites to economically downtrodden people. Other than this, no other allegations are levelled against the petitioner for rejection of the said application for quarrying license.

6.The learned counsel for the petitioner submitted that her renewal application was submitted to the authority much earlier than the proposal of allotment of house-sites as well as free houses.

7.On the other hand, the learned Government Advocate appearing for the respondents, on instructions, submitted that such proposal of allotment of houses as well as housing plots to economically downtrodden community, has been dropped and the venue has been shifted to some other place.

8.Considering the aforesaid submission made on the side of the respondents, the rejection on the above ground cannot be sustained and therefore the impugned order is liable to be set aside and accordingly the impugned order is set aside and the first respondent, namely, the District Collector, Tirunelveli District is directed to consider the renewal application of the petitioner, if she satisfies all other requirements, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner.

9.The writ petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director, Department of Geology and Mining, Tirunelveli.

3.The Thasildar, Tirunelveli Taluk, Tirunelveli District.

4.The Block Development Officer, Manur Panchayat Union, Manur, Tirunelveli District.

+One cc to The Special Government Pleadder, SR.No.64453 +One cc to Mr.K.Govindarajan, Advocate, SR.No.63893 smn/gk RL/7C/3P/KP/SAR1/17/7/2017 ORDER MADE IN W.P(MD)No.19410 of 2016 and W.M.P(MD)No.13986 of 2016 07.07.2017 ( 1 /2 )