S.Murugan, S/O. Sriyapillai v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP (MD) Nos.6172, 6173 of 2017 S.Murugan ... Petitioner vs.
1. The District Collector, Thoothukudi District.
2. The Assistant Director, Zoology and Mining, Tuticorin District, Tuticorin.
3. The Chairman, Standing Committee of the National Board for Wildlife, Indian Varyavaram Bhavan, Jarbagh Road, New Delhi - 3.
(R3 impleaded vide order dated 27.04.2017 in WMP(MD) No.6378/2017) 1/6
4.J.Rajajebadoss (R4 impleaded vide order dated 16.07.2019 in WMP (MD) No.8029 of 2019) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned order dated 18.04.2017 in GM1/536/2016 passed by the 1st respondent and quash the same.
For Petitioner : Mr.M.Veilkaniraju For R1 - R2 : Mr.P.Thilak Kumar Government Pleader For R3 : Notice not ready
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner has filed the present writ petition challenging the impugned order dated 18.04.2017 passed by the first respondent.
2. Paragraphs 6 and 7 of the counter-affidavit filed by the District Forest Officer, read as follows:
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"6. It is respectfully submitted that any quarry activities within the radius of the 10 km (default declaration) of Eco Sensitive Zone notification constituted with reference to WP No.460/2004 filed by Goa Foundation before the Hon'ble Supreme Court of India to conserve the Wildlife may also be taken into account. The Eco Sensitive Zone notification for Vallanadu Blackbuck Sanctuary is under active consideration of this Department. The respondents namely Mr.Kathirkamaraj (Respondent No.16) V.V.Minerals (Respondent No.11) have submitted necessary proposal for obtaining wildlife clearance from the National Board for Wildlife have been submitted to the District Forest Officer/Conservator of Forests and Principal Chief Conservator of Forests and Chief Wildlife Warden, now the proposals are submitted by the respondent No.11 and 16 are pending with Conservator of Forests. In respect of other applications 3/6
submitted by 1.Mr.S.Shanmugavel, 2.Mr.S.Murugan, 3.Mr.Sutharsan, and 4.T.Vijay the same is pending with User Agency for furnishing of additional particulars.
7. It is respectfully submitted that issuance of transport permits for the quarried materials under the provisions of Mines and Minerals Construction Rule, 1959 and if there is any violation noticed the District Collector, Commissioner of Geology and Mining are empowered to handle the issue. On the other hand if there is any violation noticed in the issuance of Environmental Clearance or any deviation of conditions by the applicants the SEIAA can institute penal action under the provisions of Environmental Protection Act, 1986."
3. Since there is no approval granted by the competent authorities, no quarrying operations shall be permitted in the subject property. Therefore, no further adjudication needs to be entertained in this writ petition. Accordingly, this 4/6
writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 12.06.2025 NCC : Yes / No 3/3 Index : Yes / No Internet : Yes PKN To
1. The District Collector, Thoothukudi District.
2. The Assistant Director, Zoology and Mining, Tuticorin District, Tuticorin.
3. The Chairman, Standing Committee of the National Board for Wildlife, Indian Varyavaram Bhavan, Jarbagh Road, New Delhi - 3.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
PKN ORDER MADE IN DATED : 12.06.2025 3/3 6/6