Mathiyalagan.P v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP(MD)Nos.24069, 24072 and 24073 of 2023 P.Mathiyalagan ... Petitioner vs.

1. The State of Tamil Nadu, Represented by Ministry of Geology and Mining, Fort St. George, Chennai 600009.

2. The District Collector, Office of the District Collectorate, 1st Floor, Karur District, Tamil Nadu 639007.

3. The Director,

4. The Additional Director,

5. The Deputy Director, Alandur Road, Page No.1 of 6

Guindy Industrial Estate,

6. The Assistant Director,

7. M/s. Diamond Blue Metals S.F. No. 9/4-5, Eallaikatturamachandrapuram, Koonampatti Road Thoppampatti Aravaikurichi Taluk, Karur District.

8. M/s. Thirumalai Blue Metals No. 538/4, Koolangkadu, Kuppam (Po), Pugalur Taluk, Karur District.

9. M/s. New Star Blue Metals, S.F. No. 550, 533, 534, 535, Poolangkaradi, Kuppam (PO), Kuppam Kiramam, Pugalur Taluk, Karur District.

10. M/s. Karur Blues Metals, S.F. No. 1055/3, 4, 5 Kalimedu, Ammapatti, Thennailai East Village, Pugalur Taluk, Karur District.

11. Thirumathi S. Tamil Selvi

12. T. Manoharan

13. R. Natarajan

14. M/s. Sri Alagar Blue Metals, Monchanoor, Thottampatti (PO), Aravakurichi Taluk, Karur District.

15. M/s. New Five Star Blue Metals, S. Thottampatti, Nadanthai South Village, Page No.2 of 6

Aravakurichi Taluk, Karur District.

16. M/s. K.R.K. Blue Metals, K. Mahendran, S/o K. R. Kandasamy, Kulathupalapalayam Pudur, Kodumudi (Po), Kodumudi Taluk, Erode District.

17. M/s. Ravi Blue Metals, S.F. No. 2230, Door No.2E, Apple House, Ramanuja Nagar South, Anna Nagar West, Karur District.

18. M/s. P.Kulandhaisamy

19. M/s. Chola Blue Metals, M. Guna Sekaran, S/o. Muthusamy Nadaiyanur (Po), Karur Taluk, Karur District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action against the respondents 7 to 19 against the unlicensed and illegal mining quarries situated in S.F.No.439(Part) at Monachanur East Village, S.F.No.1238/2 at Vettamangalam West Village, S.F.Nos.550, 533, 534, 535 at Poolangkaradi, S.F.No.1055/3, 4, 5 at Pugalur Taluk, S.F.No.706 at Kuppam Village, S.F.No. 665/1, 665/2 at Kuppam Village, S.F.No.481/1(Part), 481(2)(Part) at Munnur Village, S.F.No.390/1(Part) S.F.No.404(Part) at Monchanoor East Village, S.F.No. 719, 720, 722, 733 (Part) at Nadanthai South Village, S.F.No.92(Part) at Kodanthur Village, S.F.No.457/B (Part) at P.Anaippalayam Aravakurichi Taluk, S.F.No.659/1, 659/13, 14 and 15 at Authur Village, Page No.3 of 6

Manmangalam Taluk, based on the petitioner's representation dated 28.08.2023.

For Petitioner : Mr.Akash Sajin Kumar For R1 to R6 : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Alleging that despite the expiry of the lease period, the private respondents are continuing mining operation, the petitioner made a representation dated 28.08.2023 to the official respondents and finding no heed to it was paid, he has filed this writ petition. 2.

Heard both sides.

3.

Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with Page No.4 of 6

law, after giving due opportunity to the petitioner and the private respondents, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

4.

With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(M.S.R, J.) (A.D.M.C, J.) 24.01.2025 Index : Yes / No bala To

1. The State of Tamil Nadu, Represented by Ministry of Geology and Mining, Fort St. George, Chennai 600009.

Page No.5 of 6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala

2. The District Collector, Office of the District Collectorate, 1st Floor, Karur District, Tamil Nadu 639007.

3. The Director,

4. The Additional Director,

5. The Deputy Director, Alandur Road, Guindy Industrial Estate,

6. The Assistant Director, ORDER MADE IN DATED : 24.01.2025 Page No.6 of 6