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Madras High CourtWP(MD)/3664/2016dismissed

Chinnajothi, S/O.Durairaj v. The District Collector

2016-10-03Honourable Mr Justice V. Bharathidasan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)Nos.3664 and 10675 of 2016 Chinnajothi ... Petitioner in both petitions Vs.

1.The District Collector, Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4.The Village Administrative Officer, 1/79, Therkku Kurvikulam, Sankarankovil Taluk, Tirunelveli District.

5.The President, Therkku Kurvikulam Panchayat, Kurvikulam Panchayat Union, Tirunelveli District.

... Respondents in W.P.

(MD) No.3664 of 2016 1.The District Collector, Tirunelveli District.

2.The Assistant Director (Mines), Tirunelveli, Tirunelveli District.

3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. ... Respondents in W.P. (MD) No.

10675 of 2016.

Prayer in W.P.(MD) No.3664 of 2016: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the files of the 3rd respondent pertaining to its order bearing forbearing Na.Ka.A5/8746/2015 dated 29.01.2016 and to quash the same and consequently direct the respondents from in any way preventing the petitioner from using the Vandipathai which passes through Survey No.137/9 and 140 of Therkukuruvikulam Village, Sankarankovil Taluk, Tirunelveli District.

Prayer in W.P.(MD) No.10675 of 2016: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance

of a Writ of Mandamus, directing the 2nd respondents to issue transit permit to the petitioner to transport the Minerals as per the license granted to the Petitioner bearing No.M-1/85007/2009 dated 28.07.2012 from the quarry of the Petitioner in Survey Nos.137/3, 137/6, 137/8, 137/10, 137/5, 137/4, 137/7 at Vagaikulam Village, Sankarankovil Taluk, Tirunelveli District based on his representation dated 15.12.2015.

For Petitioner in both : Mr.S.C.Herold Singh Petitions For Respondents 1 to 3 in : Mr.R.Anandharaj both petitions and 4th Government Advocate respondent in W.P.(MD) No.

For 5th Respondent in : Mr.Aayiram K.Selvakumar W.P.(MD) No.3664 of 2016 COMMON ORDER W.P.(MD) No.3664 of 2016 has been filed seeking quash of the proceedings in Na.Ka.A5/8746/2015 dated 29.01.2016, and to forbear the respondents from preventing the petitioner from using the Vandipathai which passes through S.No.137/9 and 140 of Therku Kuruvikulam Village. W.P.(MD) No.10675 of 2016 has been filed to direct the respondents to issue transit permit to the petitioner to transport the Minerals as per the license granted to him bearing No.M-1/85007/2009 dated 28.07.2012 from the quarry of the Petitioner in Survey Nos.137/3, 137/6, 137/8, 137/10, 137/5, 137/4, 137/7 at Vagaikulam Village, Sankarankovil Taluk, Tirunelveli District.

2.According to the petitioner, he was granted permission to carryout quarry in S.No.137/5, Vagaikulam Village, Sankarankoil Taluk by the 1st respondent by his proceedings Na.Ka.M2/56814/2000 dated 04.09.2007 for a period of 5 years. Thereafter, by proceedings in M-1/85007/2009 dated 28.07.2012, the quarry licence was extended for another five years from 28.07.2012 to 27.07.2017. According to the petitioner, he was doing quarrying business for more than 35 years and he has been transporting the materials using the Vandipathi at Survey No.137/9 and 140 of Therkukuruvikulam Village. In the mean time a false case has been registered against the petitioner based on the complaint of the Block Development Officer of Kuruvikulam Union as if the petitioner has damaged the tank bund.

Now, the authorities are preventing ingress and egress through Vandipathi, which falls in Survey No.137/9 and 140 of Therkukuruvikulam Village. In the above circumstances, he has given a representation to the respondents on 22.02.2014, requesting them not to interfere with his right to use Vandipathai. Since no order has been passed on the said representation, he has filed W.P.(MD) No.5826 of 2014 and this Court vide order dated 05.11.

and pass orders. Pursuant to the orders passed by this Court, the 3rd respondent passed the impugned order rejecting his request, stating that on the field inspection it was found the petitioner was permitted to carry quarried materials through S.No.137/10 of Vagaikulam Village, but subsequently he broke open Ninaithathai Mudipan Tank Bund and tried to carry the quarried material through S.No.140 of Therkukuruvikulam Village and hence a criminal case has been filed. Insofar as S.No.137/9 of Therkukuruvikulam Village is concerned, there is no cart track available and the above said survey number falls in quarry pit and apart from that since the petitioner heavily damaged the tank bund, there is no reason to give S.No.140 of Therkukuruvikulam Village to remove the quarried material and directed him to get permission from the owners of S.No.137/10 to remove the quarried materials. Challenging the same, he has filed W.P.(MD) No.3664 of 2016.

3.The prayer in W.P.(MD) No.10675 of 2016 is to direct the 2nd respondent to issue a transit permit to the petitioner to transport the quarried materials. His grievance is that even though he has valid permission to quarry, the second respondent is refusing to grant transit permit on the ground that a criminal case is lodged as if he damaged the tank bunds. 4.The 1st respondent has filed counter affidavit in W.P.(MD) No.10675 of 2016 stating that for removing the quarried materials, the petitioner damaged the bunds of Ninaithathai Mudipan Tank, which is maintained by Panchayat Union Council. The writ petitioner prevented the Survey Officials from surveying the area to set right the boundaries of the tank and his patta land.

Inspite of registration of a criminal case petitioner continued to transport the quarried rough stone through the tank. The writ petitioner is using heavy vehicle to transport rough stone through the tank and caused heavy damage to the tank. While granting quarry license the path is shown through S.No.137/10 for taking the quarried material from S.No.137/7. S.No.137/9 is classified as cart track in the village accounts. Due to illicit quarrying conducted conducted by the petitioner, pits are in existence and it cannot be used as pathway now.

5.Heard Mr.S.C.Herold Singh, learned counsel for the petitioner, Mr.R.Anandharaj, learned Government Advocate for respondents 1 to 4 and Mr.Aayiram K.Selvakumar, learned counsel for 5th respondent.

6.So far as the order passed by the 3rd respondent rejecting permission to the petitioner to transport the quarried materials through S.No.137/9 of Therku Kuruvikulam Village is concerned, in the counter it is categorically held that due to illegal quarrying of the petitioner pits are in existence and it cannot be used as a pathway. In so far as S.No.140 of Therku Kuruvikulam Village is concerned it is stated in the impugned order that the said Survey

number is inside the tank and therefore it cannot be used as a pathway.

7.In the above circumstances, the impugned order in W.P. (MD) No.3664 of 2016 does not warrant interference by this Court. Accordingly, W.P.(MD) No.3664 of 2014 is dismissed. No costs. However, it is open to the petitioner to approach the authority concerned to set right S.No.137/9 of Therku Kuruvikulam Village for using it for transporting the quarried material and the authority concerned is also directed to consider his representation and pass suitable orders on merits and in accordance with law.

8.So far as W.P.(MD) No.10675 of 2016 is concerned, there is no order passed by the authorities cancelling the quarry license of the petitioner. In the above circumstances, when valid quarry license is available, the authorities cannot deny issuance of transit permit to the petitioner to transport the Minerals as per the license granted to him, hence the 2nd respondent is directed to issue necessary transport permit to the petitioner enabling him to remove the quarried material. 9.Accordingly, W.P.(MD) No.10675 of 2016 is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District. 2.The Assistant Director (Mines), Tirunelveli, Tirunelveli District.

3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli, Tirunelvlei District. 5.The Village Administrative Officer, 1/79, Therkku Kurvikulam, Sankarankovil Taluk, Tirunelveli District.

+2 cc's to M/s.S.C.Herold Singh, Advocate in SR.Nos.58396 &58397 +1 cc to The Special Government Pleader in SR.No.58260 Writ Petition(MD)Nos.3664 and 10675 of 2016 03.10.2016 sj CSL/SKS-RR/19.10.2016:4P/9C