A.Murugaraj v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD)No. 22620 of 2025 and W.M.P.(MD)No.17735 of 2025 A.Murugaraj, S/o.Ayyavoo, No.190, G.S.T.Road, Thiru Nagar, Madurai - 625 006.
...Petitioner
Vs 1.The State of Tamil Nadu, Represented by its, Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Madurai District, Madurai.
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3.The State Level Environmental Impact Assessment Authority (SEIAA), Represented by its Chairman, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records, relating to the 2nd respondent's impugned demand notice being R.C.No.
1580-10B/Mines/2018 dated 26.03.2025 pertaining to the lime stone quarry mining lease granted in favour of the petitioner measuring to the extent of 4.00.0 Airs S.I.No.184/1, Thoobakulam Village, Thirumangalam Taluk, Madurai District and to quash the same. For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader
ORDER
1.
Heard Mr.G.Radhakrishnan, learned counsel appearing for the Petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader for the Respondents.
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2.
This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records, relating to the 2nd respondent's impugned demand notice being R.C.No. 1580-10B/Mines/2018 dated 26.03.2025 pertaining to the lime stone quarry mining lease granted in favour of the petitioner measuring to the extent of 4.00.0 Airs S.I.No.184/1, Thoobakulam Village, Thirumangalam Taluk, Madurai District and to quash the same. 3.
Mr.G.Radhakrishnan, learned counsel appearing for the petitioner, submits that the respondents have issued a demand notice dated 26.03.2025 for a sum of Rs. 1,75,77,000/- on the ground that the petitioner carried out mining operations without obtaining environmental clearances. He, therefore, submits that the impugned demand notice is illegal.
4.
Mr.K.S.Selva Ganesan, learned Additional Government Pleader appearing for the respondents, submits that, against the demand notice dated 26.03.2025, there is a provision for filing a revision under 3/6
Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957, within a period of 30 days from the date of receipt of the said notice. He further submits that the petitioner has not availed the said remedy and has directly approached this Court by filing the present writ petition. On the ground that an effective statutory remedy is available under Section 30 of the Act, he contends that the writ petition is not maintainable and is liable to be dismissed. 5.
After considering the submissions made by the learned counsel for the parties and upon perusal of the impugned demand notice dated 26.03.2025, particularly at page 29, it is specifically mentioned that if the petitioner is aggrieved, he may file a revision under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957, within a period of 30 days from the date of receipt of the said notice. In view of the statutory remedy available under Section 30 of the Act, this writ petition is not maintainable.
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6.
Accordingly, this writ petition stands dismissed in view of the availability of an alternative statutory remedy. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 19.08.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr To:
1.The Secretary to Government, The State of Tamil Nadu, Industries Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Madurai District, Madurai.
3.The Chairman, The State Level Environmental Impact Assessment Authority (SEIAA), 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
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SHAMIM AHMED , J.
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