Jeevakumar Immanuel Joseph.J v. The Director Of Geology And Mining
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL J.Jeevakumar Immanuel Joseph .. Petitioner vs 1.The Director of Geology and Mining, Guindy, Chennai - 600 032.
2.The District Collector, Collectorate at Theni District, Theni District - 625 531.
3.The Assistant Director of Geology and Mining, Madurai Road, Theni District - 625 531.
4.The Assistant Director of Geology and Mining, Madurai Road, Theni District - 625 531.
5.The Tahsildar, Uthamapalayam, Theni District.
6.P.Durai Raj 1/11
7.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.
.. Respondents [R7 impleaded suo motu by order dated 31.10.2023 in W.P(MD)No.25851 of 2023] Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the first respondent to consider and take action on the petitioner's representation dated 04.08.2023 with regard to the illegal mining/unauthorized mining carried out by the sixth respondent in Survey Nos.827/4 and 101/5 at Seepalakottai Village, Uthamapalayam Taluk, Theni District. For Petitioner :
Mr.M.Ramalingam For RR 1 to 5 & 7 :
Mr.P.Thilak Kumar Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned Writ Petition has been filed as a 'Public Interest Litigation' [hereinafter 'PIL' for the sake of brevity]. 2/11
2.Short facts are that sixth respondent (private respondent) has been granted a quarry lease for quarrying rough stone in patta lands comprised in 'Survey Nos.827/1, 827/2, 827/3 and 828/1 in Seepalakkottai Village, Uthamapalayam Taluk, Theni District' [hereinafter 'said lands' for the sake of convenience and clarity]; that penalty was levied inter alia for quarrying in adjacent lands [S.F.Nos.827/4 and 101/15]; that the matter travelled upto Commissioner of Geology and Mining, Chennai, who made an order dated 22.02.2023 bearing RoC.No.1308/MM6/2023 accepting the penalty remitted by sixth respondent and permitting further mining upto 14.11.
2024; that the petitioner has no objection or grievance about the quarry lease qua said lands [four survey numbers] or quarrying by sixth respondent therein; that PIL petitioner's grievance is only with regard to 'alleged quarrying in adjacent lands i.e., Survey Nos.827/4 and 101/15 at Seepalakkottai Village, Uthamapalayam Taluk, Theni District' [hereinafter 'subject matter adjacent lands' for the sake of convenience]; that the petitioner sent a representation dated 04.08.2023; that the jurisdictional 'Revenue Divisional Officer' [hereinafter 'RDO' for the sake of brevity] i.e.
enquiry and has issued a hearing notice dated 30.08.2023 bearing Reference No.2257/2022/A4; that under such circumstances PIL petitioner has filed captioned Writ Petition in this Court on 19.10.2023 inter alia seeking a direction to the first respondent to consider and take action qua representation dated 04.08.2023 with regard to alleged illegal mining/unauthorized mining in subject matter adjacent lands [S.F.Nos. 827/4 and 101/15].
3.Today Mr.M.Ramalingam, learned counsel for PIL petitioner, is before us on the 'Video Conferencing platform' [VC platform]. To be noted, this is a hybrid hearing. 4.Adverting to the aforesaid proceedings, learned counsel for PIL petitioner reiterated the aforementioned prayer. 5.Issue notice to official respondents.
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6.Mr.P.Thilak Kumar, learned Government Pleader accepts notice for official respondents [respondents 1 to 5]. As regards sixth respondent [private respondent], we are acutely conscious that sixth respondent is not before us and we will be putting in a safety valve infra in this regard.
7.On accepting notice, learned Government Pleader, on instructions, submitted that the proceedings before the jurisdictional RDO have been brought to the notice of this Court by PIL petitioner himself. In this view of the matter, we deem it appropriate to scan and reproduce the aforementioned 30.08.2023 hearing notice issued by the jurisdictional RDO and the same is as follows: 5/11
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8.Ideally PIL petitioner should have arrayed the jurisdictional RDO as respondents, but unfortunately the same has not been done. Considering the facts and circumstances of the case, making an exception as a one of case, we suo motu implead the jurisdictional RDO [Revenue Divisional Officer, Uthamapalayam Taluk, Theni District] as seventh respondent.
9.Registry is directed to carry out necessary and consequential amendments in the case file before uploading this order/before furnishing certified copy of this order to anyone. 10.Mr.P.Thilak Kumar, learned Government Pleader, accepts notice for seventh respondent also.
11.In the aforementioned scenario, learned counsel for petitioner submitted that petitioner went before seventh respondent on 04.09.2023 and gave a statement in the hearing. We therefore deem it appropriate to dispose of the captioned Writ Petition by saying that 7/11
seventh respondent shall now proceed with aforementioned tprhuiz miHg;ghiz, carry it to its logical end and conclude it, if not already concluded. In this regard, we find that tprhuiz miHg;ghiz dated 30.08.2023 has been sent to both PIL petitioner as well as sixth respondent. This means that sixth respondent is being given an opportunity of being heard by seventh respondent. This by itself acts as a safety valve, which has been alluded to supra in the earlier part of this order. We make it clear that seventh respondent shall decide the matter on its own merits and in accordance with law while concluding the same [if not already concluded] after giving adequate opportunity to sixth respondent. This is more so, as captioned PIL petition is being disposed of in the Admission Board.
12.Though obvious, we make it clear that all the rights and contentions of sixth respondent are preserved for being canvassed before seventh respondent or in any other collateral, connected or further proceedings and we also deem it appropriate to make it clear that we have not expressed any view or opinion on the merits of the matter and it is the domain of seventh respondent to consider the matter on its 8/11
own merits and in accordance with law vide the quasi judicial drill now underway.
13.Captioned Writ Petition is disposed of in the aforesaid manner with aforesaid directive, observation and preservation of rights in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 31.10.2023 Index : Yes/No ps 9/11
To 1.The Director of Geology and Mining, Guindy, Chennai - 600 032.
2.The District Collector, Collectorate at Theni District, Theni District - 625 531.
3.The Assistant Director of Geology and Mining, Madurai Road, Theni District - 625 531.
4.The Assistant Director of Geology and Mining, Madurai Road, Theni District - 625 531.
5.The Tahsildar, Uthamapalayam, Theni District.
6.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 31.10.2023 11/11