S.John Bright v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P(MD)Nos.2236 & 2237 of 2018 1.S.John Bright 2.A.Sethuramalingham ... Petitioners Vs.

1.The Government of Tamil Nadu Rep. by the Principal Secretary, Department of Industries, Namakkal Kavingnar Maaligai, St. George Fort, Secretariat, Chennai.

2.The District Collector O/o. the District Collectorate, Tirunelveli,

3.The Commissioner Department of Geology and Mining, SIPCOT, Guindy, Chennai.

4.The Deputy Director Geology and Mining, Taluk Office, 1st Floor, Palayamkottai Collectorate Complex, Kokkirakulam, Tirunelveli - 627 009.

5.S.Rajendran S/o. Shreedaran, K.K.M.Stone Quarry, Parkkaneri, Thiruvambalapuram, Radhapuram Taluk, 6.A.Natesan Granite Stone Quarry, S/o. Annamalai, Kasthuri Rengapuram II, Radhapuram Taluk,

7.K.Mahadevan S/o. Kandhasamy, Mahadevan Stone Quarry, Aathankarai Palli Vassal, Sanganapuram, Thiruvambalapuram Post, Radhapuram Taluk, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration to declare the stone quarry operated by the Respondents No.5 to 7 situated at Kasthuri Rengapuram II, Radhapuram Taluk, Tirunelveli District as illegal. For Petitioners : Mr.S.Rajasekar For Respondents : Mr.P.Thilak Kumar - for R1 to R4 Government Pleader Mr.K.Muthukumarasamy - for R5 Mr.P.Subbaraj - for R7

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.S.Rajasekar, learned counsel for the petitioners, Mr.P.Thilak Kumar, learned Government Pleader

appearing for the respondents 1 to 4, Mr.K.Muthukumarasamy, learned counsel appearing for the fifth respondent and Mr.P.Subbaraj, learned counsel appearing for the seventh respondent

2. It is alleged that the respondent Nos.5 to 7 are carrying out illegal quarrying activities because of which pollution is caused and the same is harmful to the residents.

3. The status report is filed by the learned Government Pleader. It states that lease of the respondents had come to an end and their quarries were not operational. These respondents 5 to 7 are not carrying any quarrying activity. Today, only one quarrying lease is in operation i.e., of the respondent No.5. The respondent No.6 has not been granted quarry lease from the year 2018 for want of prior environmental clearance. The respondent No.7 has not applied for another grant. It is further stated that necessary precautionary measures have been taken and strict vigilance have been deployed all over the District in curtailing illegal quarrying.

3. If today, the petitioner finds that some illegal activities are going on, then the petitioner may represent to the respondent afresh.

4. With these observations, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[S.V.G., C.J.] [P.D.B., J.] 28.02.2024 Index : Yes / No RM

To 1.The Government of Tamil Nadu Rep. by the Principal Secretary, Department of Industries, Namakkal Kavingnar Maaligai, St. George Fort, Secretariat, Chennai.

2.The District Collector O/o. the District Collectorate, Tirunelveli, 3.The Commissioner Department of Geology and Mining, SIPCOT, Guindy, Chennai.

4.The Deputy Director Geology and Mining, Taluk Office, 1st Floor, Palayamkottai Collectorate Complex, Kokkirakulam, Tirunelveli - 627 009.

THE HONOURABLE CHIEF JUSTICE and P.DHANABAL, J .

RM 28.02.2024