Dharmaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD)Nos.24467 & 24468 of 2025 Dharmaraj ... Petitioner Vs.
1. The District Collector,
2. The Sub Collector, Cheranmahadevi, Tirnelveli District.
3. The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
4. The Assistant Director, Department of Geology and Mining, Collectorate Campus,
5. The District Environment Engineer, Tamilnadu Pollution Control Board, 30/2, Sidco Industrial Estate, Pettai, Tirunelveli District - 627 010.
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6. The Tahsildar, Ambasamudram Taluk,
7. Priyadharshini
8. The Thangalathil Granite Industries, No.13/348, Little Flower, Kanakoe, Vattappara (Po), Thiruvananthapuram, Kerala - 695 028.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Lease Order in Rc.No. 29880/MIN-2/2021 Dated 25.03.2025 issued by the 4th respondent and quash the same as illegal and direct the respondents and quash the same as illegal and direct the respondents 1-6 to consider the petitioner's complaints dated 12.06.2024 and 20.06.2024 and to take action against the respondents 7 and 8 for their illegal and unlawful activities within the stipulated time.
For Petitioner : Mr.B.Ganga Raj For Respondents : Mr.J.Ashok, Addl. Govt. Pleader for R1 to R4 & R6 Mr.K.Jeyamohan for R7 Mr.G.Prabhu Rajadurai for R8 2/6
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) This Writ Petition has been filed challenging the Impugned Lease Order in Rc.No.29880/MIN-2/2021 Dated 25.03.2025 issued by the 4th respondent and also seeking for a consequential direction, to direct the respondents 1 to 6 to consider the petitioner's complaints dated 12.06.2024 and 20.06.2024 and to take action against the respondents 7 and 8 for their illegal and unlawful activities within the stipulated time.
2. The petitioner has filed this Writ Petition as a Public Interest Litigation. The petitioner is the Vice-President of Idaikal Panchayat. According to the petitioner, the Panchayat had passed Resolution No.81 dated 10.01.2022 objecting to the grant of a new quarry licence to the 8th respondent. However, it has now come to light that Resolution No.91 dated 26.01.2023 has been produced as if the Panchayat had expressed no objection to the grant of such licence. According to the petitioner, the said resolution is a fabricated one. Based on the said resolution, the 4th respondent has issued a licence to the 8th respondent for carrying out quarrying operations. Aggrieved by the same, the present Writ Petition has been filed.
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3. After hearing the parties, we have perused the entire materials available on record.
4. The petitioner is none other than the Vice-President of the Idaikal Panchayat. According to him, Resolution No.91 dated 26.01.2023 is a fabricated one and has not been signed by the President with the Panchayat seal. Even assuming that such a resolution was not passed by the Panchayat, that is a separate aspect. The licence has been granted based on inspections conducted by the authorities, with consent from the Pollution Control Board and issuance of the requisite Environmental Clearance. The area in respect of which the licence has been granted is beyond a 300-metre radius from any human habitation, as confirmed by the inspection reports.
Therefore, merely on the basis of some internal dispute between the petitioner and the 7th respondent, who is the President of the Panchayat, the licence issued by the authorities after proper inspection cannot be stalled or questioned. If the petitioner is of the definite view that Resolution No.91 dated 26.01.2023 was not passed by the Panchayat, it is open to him to take appropriate action, including submitting a fresh application to the District Collector for enquiry regarding the alleged resolution.
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5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.
[N.S.K., J.] & [M.J.R., J.] vsm 11.03.2026 Index :Yes/No NCC :Yes/No To
1. The District Collector,
2. The Sub Collector, Cheranmahadevi, Tirnelveli District.
3. The Commissioner, Department of Geology and Mining, Guindy, Chennai - 600 032.
4. The Assistant Director, Department of Geology and Mining, Collectorate Campus, Tirunelveli District.
5. The District Environment Engineer, Tamilnadu Pollution Control Board, 30/2, Sidco Industrial Estate, Pettai, Tirunelveli District - 627 010.
6. The Tahsildar, Ambasamudram Taluk, 5/6
N.SATHISH KUMAR , J.
AND M.JOTHIRAMAN, J.
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