Balamurugan .P v. The District Collector

O R D E R [Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.R.Murali learned counsel representing the counsel on record for petitioner, Mr.P.Thilakkumar, learned Government Pleader appearing for the respondent Nos.1 to 4 and 7, Mr.Y.Jegadeesh learned counsel appearing for Mr.N.Dilip Kumar, learned Standing Counsel for the respondent Nos.5 and 6, Mr.G.Prabhu

Rajadurai

learned

counsel

appearing

for Mr.C.M.Arumugam, learned counsel on record for the respondent Nos. 8 to 10 and Mr.V.Sundararaj, learned counsel appearing for the respondent No.11.

¶2The learned counsel for the petitioner submits that the respondent Nos.8 to 11 are indulging in illegal mining. They have applied for the mining licence / permission of brick earth quarry for the brick kiln situate in Survey No.166/1A of Soodiyur Village and there is a water body adjacent to the said survey number.

¶3According to the learned counsel for the petitioner, the licence / permission is not granted by the authority. The objection is already filed by the petitioner.

¶4The learned Government Pleader submits that the objection filed by the petitioner will be considered before deciding the application of the respondent Nos.8 to 11 for mining licence / permission.

¶5In view of the said submission, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.V.G., C.J.] [L.V.G., J.]

01.12.2023 Index : Yes / No

bala To

¶1The District Collector, Ramanathapuram District, Ramanathapuram.

¶2The Assistant Director, Geology and Mining Department, Ramanathapuram District, Ramanathapuram.

¶3The Assistant Collector / Revenue Divisional Officer, Paramakudi.

¶4The Tahsildar, Paramakudi Taluk, Paramakudi.

¶5The Chairman, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

¶6The Member Secretary, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

¶7The Sub Registrar, Manamadurai. THE HONOURABLE CHIEF JUSTICE and

L.VICTORIA GOWRI, J. bala

01.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023 CORAM : THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.10429, 10431, 10432, 14381 and 21231 of 2023 P.Balamurugan ... Petitioner vs. 1. The District Collector, Ramanathapuram District, Ramanathapuram. 2. The Assistant Director, Geology and Mining Department, Ramanathapuram District, Ramanathapuram. 3. The Assistant Collector / Revenue Divisional Officer, Paramakudi. 4. The Tahsildar, Paramakudi Taluk, Paramakudi. 5. The Chairman, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015. 6. The Member Secretary, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015. 7. The Sub Registrar, Manamadurai. 8. P.Duraipandian 9. D.Jothiranganayaki 10. M.K.Thavamani 11. D.Sendhurpandian ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents 1 to 6 in any manner processing the granting of any mining license / permission in favour of respondents 8 to 11 and in any manner of brick earth quarry for the brick kiln situated at 166/1A of Soodiyur Village and further direct the respondents 1 to 4 to initiate appropriate action under the Revenue Recovery Act, 1864, to assess and recover the loss caused by the respondents 8 to 11 within a time-frame fixed by this Court. For Petitioner : Mr.R.Murali for Mr.J.Krishna Kumar For R1 to R4 & R7 : Mr.P.Thilakkumar, Government Pleader For R5 & R6 : Mr.Y.Jegadeesh for Mr.N.Dilip Kumar, Standing Counsel For R8 to R10 : Mr.G.Prabhu Rajadurai for Mr.C.M.Arumugam For R11 : Mr.V.Sundararaj