Palanivel S M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.16598 of 2023 and W.M.P(MD).No.13886 of 2023 S.M.Palanivel ... Petitioner Vs.

1.The District Collector, Collectorate, 2.The Assistant Director of Geology and Mining, Office of the Assistant Director of Geology and Mining, Collectorate, Pudukkottai.

3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 6.Member Secretary, State Level Environment Impact Assessment Authority, 1/6

3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-15.

7.P.Vadivel

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 not to issue license to the seventh respondent for proposed quarries at (I) Quarry with code P-1 in Survey Nos.20/1, 20/2, 270/2, 270/3, 270/4, 257/9, 257/8A and 257/10 A (ii) Quarry with code P-2 in Survey Nos.235/9B, 235/11, 236/1A, 236/1B, 236/1C, 236/1D, 235/1E, 236/2, 236/12, 236/13, 236/14 and 19/3 of Panampatty and 11/2A, 12/1A and 12/1B at Thirvengaivasal Village.

For Petitioner : Mr.K.C.Maniyarasu For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader for R1 to R4 M/s.Vijayakumari Natarajan for R5 Mr.N.Dilip Kumar for R6

O R D E R

This Writ Petition has been filed seeking a writ of Mandamus to the respondents 1 to 6 not to issue license to the seventh respondent for the quarries proposed to be conducted in Survey Nos.20/1, 20/2, 270/2, 2/6

270/3, 270/4, 257/9, 257/8A and 257/10A and Survey Nos.235/9B, 235/11, 236/1A, 236/1B, 236/1C, 236/1D, 235/1E, 236/2, 236/12, 236/13, 236/14 and 19/3 situated at Panampatty and Survey Nos.11/2A, 12/1A and 12/1B situated at Thirvengaivasal Village.

2. The learned counsel appearing for the petitioner submits that the respondent No.7 is attempting to conduct quarry adjacent to the inhabited site as against the provisions of the Tamil Nadu Minor Minerals Concession Rules, 1959 and therefore, the petitioner has submitted a representation on 30.05.2023, however, the same has not been considered so far.

3. The learned Additional Government Pleader appearing for the respondents 1 to 5, on instructions, submits that there is no inhabitation within a distance of 300 meters from the quarry of the seventh respondent.

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4. Recording the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 5, this Writ Petition is closed. There shall be no order as to costs. Connected miscellaneous petition is closed.

29.09.2023 Index: Yes/No Internet: Yes/No ssb To 1.The District Collector, Collectorate, 2.The Assistant Director of Geology and Mining, Office of the Assistant Director of Geology and Mining, Collectorate, Pudukkottai.

3.The Revenue Divisional Officer, 4/6

4.The Tahsildar, 5.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 5/6

B.PUGALENDHI, J.

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