J.M.V.Blue Metals v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.M.V.Blue Metals, Rep. by its Partner, S.Loganagaraj, S/o.Subburaj, Pachaimalaiyan Kottai Village, Nilaikottai Taluk, Dindigul District.

... Petitioner Vs.

1.The Chief Engineer, Non-conventional Energy Supplies, TANGEDCO 2nd Floor Easter Wing, Chennai 600 002.

2.The District Collector, O/o District Collectorate Campus, Dindigul District.

3.The Superintending Engineer, Non Conventional Energy Supplies, TANGEDCO, Dindigul.

4.The Block Development Officer, O/o.Block Development Office, Nilakottai, Dindigul District.

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5.Vam Engineering Services, Rep. by its Proprietor, Parthiban, No.37, Main Road, Muniyappanpalayam, Erode-638 315.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to petitioners representation dated 22.05.2025 within the dispose the stipulated time frame fixed by this Honble Court, there by not. to permit the 4th respondent from establishing the solar power plant in S.F.No.518/1, 518/2, 518/3, 518/4, 519/4, 519/5, 519/6, 519/9 and 419/2 etc located at patchamalayan kottai village, Nilakottai Taluk, Dindigul District. For Petitioner : Mr.N.Shanmuga Selvam For Respondents : Mr.S.Deenadhayalan for R1 & R3 : Mr.M.Lingadurai Special Government Pleader for R2 & R4

ORDER

Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for R2 & R4 and the learned Standing Counsel for R1 & R3. Issuance of notice to R5 is dispensed with. 2/4

2. The petitioner is running a quarry site. The petitioner came to know that in the vicinity, proposal has been received for setting up the solar power plant. My attention is drawn to Rule 36(1-A)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959. It reads as follows:- "No lease shall be granted for quarrying stone within 300 metres (three hundred metres) from any inhabited site: Provided that the exiting quarries which are subsisting under current leases shall be entitled for continuance till the expiry of the lease period. The lessees whose quarries lie within a radius of 300 metres from the inhabited site shall undertake blasting operations only after getting permission of the Director of Mines Safety, Gorgaum ; Provided further that the new and existing units of quarries shall also be required to comply with the Pollution Control Measures (i.e., dust control measures) besides complying with the other conditions in regard to Pollution Control Measures."

3. As and when any proposal is received by the first respondent in respect of the petition mentioned survey numbers, the first respondent will take into account the aforesaid statutory provision. The Writ Petition is disposed of accordingly. No costs.

17.10.2025 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To The District Collector, O/o District Collectorate Campus, Dindigul District.

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