High Court · 2025

Writ Petition No.31947 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.08.2025CORAMTHE HONOURABLE MR. JUSTICE N. ANAND VENKATESHWrit Petition No.31947 of 2025R.NirmalaD/o.S.Ranganathan...PetitionerVs.1.The District Collector, Cuddalore District, Cuddalore.2. The Director, Vigilance and Anti-Corruption Department, M.K.N.Road, Alandur, Chennai. 3. The Director, Department of Geology and Mining, Chennai.4. The Director, State Environment Impact Assessment Authority, No.1, Panagal Maligai Building, 3rd Floor, Jeenis Road, Saidapet, Chennai - 600 015.5. The Director, Department of Geology and Mining, Cuddalore District, Cuddalore.1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 20256. The Executive Engineer, Public Works Department, Water Resources Division, Cuddalore District, Tamil Nadu.7. The Tahsildar, Bhuvanakiri Taluk, Cuddalore District.8. The Village Administrative Officer, Villiyanallur, Bhuvanagiri Taluk, Cuddalore District.9. The Village Administrative Officer, Velingipattu Village (Athiyanallur) BhuvanagirI Taluk, Cuddalore District.10.R.Bakkiaraj, S/o.Rajapillai11.R.Mohan, S/o. Ramachandran ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate and immediate action against respondents 10 and 11 for conducting illegal quarry operations in Panjami (D-patta) lands and agriculture land in S.No. S.F.Nos.112/1C, 112/9, 112/11, 112/12, 112/14, 112/8, 112/13, Vellingapattu Village - S.F.Nos.124/2A, 123/2B, 120, 122, 126 by considering 2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 2025the representation dated 16.06.2025 and consequently direct the respondents 1 to 9 to take appropriate action against the respondents 10 and 11 for illegal quarry operations. For Petitioner: Mr.K.VijayakumarFor Respondents : Mr.E.Vijayanand, Additional Government Pleader [R1 to R3 & R5 to R9]*****O R D E RThis writ petition has been filed seeking issuance of a writ of mandamus directing the respondents, particularly, the first respondent to take immediate action against respondents 10 and 11, who are conducting illegal quarrying operation in the panjami lands and agricultural lands.2. Heard Mr.K.Vijayakumar, learned counsel for petitioner and Mr.E.Vijayanand, learned Additional Government Pleader appearing for respondents 1 to 3 & 5 to 9.3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 20253. When the matter was taken up for hearing today, learned Additional Government Pleader appearing on behalf of the respondents to 3 & 5 to 9 produced the written instructions received from the Assistant Director of Geology and Mining, Cuddalore. The relevant portions are extracted hereunder:"i. The quarry lease to Thiru.R.Mohan, S/o.Ramachandran for quarrying Earth in S.F.Nos.112/9, 112/11, 112/12 over an extent of 1.16.50 Hectares of patta land of Villiyanallur Village, Bhuvanagiri Taluk, Cuddalore District was granted vide Proceedings Rc.No.231/Mines/2019, dated 07.12.2022 for a period of two years, and expired on 06.12.2024.ii. It is submitted that, for the above lease, the lessee Thiru.R.Mohan S/o.Ramachandran has obtained the consent from pattadhars Tmt.Kala W/o.Sivasubramaniam for S.F.Nos.112/9 and Thiru.Vasanth S/o.Jeganathan and two others for S.F.Nos.112/11 and S.F.Nos.112/12 for a period of five years for Earth quarrying in the above said lands and registered at Pudhuchathiram Sub Registrar office vide document no.145/2020 dated 02.03.2020 and 132/2020, dated:27.02.2020, respectively.iii. And a quarry lease to Thiru.R.Bakiaraj, S/o.Rajapillai for quarrying Earth in S.F.No.123/2B over an extent of 1.24.50 hectares of patta land of Velangipattu Village, Bhuvanagiri Taluk, Cuddalore District was granted vide proceedings Rc.No.188/Mines/2018, dated 15.10.2018 for a period of two years, and expired on 14.10.2020. Further, a quarry lease granted to Thiru.R.Bakiaraj, S/o.Rajapillai for quarrying Earth in S.F.Nos.123/2B, 124/2A(P) over an extent of 1.38.50 Hectares of Velangipattu Village, Bhuvanagiri Taluk, Cuddalore District vide Proceedings Rc.No.160/Mines/2024, dated 06.12.2024 upto the period of 05.11.2025. It is submitted that, the lease granted area of S.F.No.123/2B (1.24.50), 124/2A (P)(0.14.0/1.13.50) was belongs 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 2025to lessee Thiru.Bakiaraj, S/o.Rajapillai vide Pudhuchathiram Register office document No.1011/2022, dated 21.09.2022.iv. The quarry lease to Tmt.B.Baby, W/o.Balamurugan, for quarrying Earth in S.F.Nos.121/9B, 122/11A, 122/4B, 122/4C, 122/7A1, 122/8A, 122/8B1, 122/8B2, 122/11B, 122/7B, 127/1B1 of Velangipattu Village, Bhuvanagiri Taluk, Cuddalore District over an extent of 0.93.75 Hectares of patta land of Villiyanallur Village, Bhuvanagiri Taluk. Cuddalore Dsitrict was granted vide proceedings Rc.No.259/Mines/2021 dated 23.09.2022 for a period of two years, and expired on 22.09.2024.v. It is submitted that the above lease, the lessee Tmt.B.Baby, W/o. Balamurugan has obtained the consent from pattadhars Thiru.Shanmugam, S/o.Palaniyandi for S.F.Nos.121/9B, 122/11A, 122/4B, 122/4C, 122/7A1, 122/8A, 122/8B1 and Thiru.Arigovindan, S/o.Sivaperumal for 122/11B, 122/7B and Thiru.Sureshbabu S/o.Kuppusamy for S.F.Nos.127/1B1 for a period of five years for Earth quarrying in the above said lands registered at Pudhuchathiram Sub Registrar office vide document no.900/2021, 899/2021 and 898/2021 dated: 27.09.2021 respectively.vi. It is submitted that, the petition dated 16.05.2025 received to this office on 22.05.2025 and the complaint petition has been forwarded to the Tahsildar, Bhuvanagiri vide Letter Rc.No.40/Mines/2025, dated: 03.06.2025 regarding the details of land classification (Government land, Panjami land) and detailed survey of the S.F.Nos. Mentioned in the petition.vii. Further, it is submitted that, R.Nirmala has already filed a Writ Petition No.17451 / 2025 in which Hon'ble High Court of Madras has disposed the petition on 09.05.2025 with the following directions:"The official respondent shall ensure that no such illegal activities are carried out after the expiry of the lease period."5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 2025viii. It is submitted that, the quarry lease to Thiru.R.Mohan, S/o.Ramachandran for quarrying Earth in S.F.Nos.112/9, 112/11, 112/12 over an extent of 1.16.50 Hectars of patta land of Villiyanallur Village, Bhuvanagiri Taluk, Cuddalore District was expired on 06.12.2024. No permits were issued.ix. It is submitted that, the quarry lease granted to Thiru.R.Bakiaraj, S/o.Rajapillai for quarrying Earth in S.F.Nos.123/2B, 124/2A(P) over an extent of 1.38.50 Hectares of Velangipattu Village, Bhuvanagiri Taluk, Cuddalore District for a 06.12.2024 to 05.11.2025. Further, due to the public objection transport permits were not issued after 28.04.2025.4. Hence, it is submitted that, the quarry leases have been granted in the patta lands after obtaining consent from the pattadars. Further it is submitted that, based on the report received from the Tahsildar Bhuavanagiri, the petition dated: 16.05.2025 will be disposed with merits."4. It is clear from the above that already the District Collector has sought for a report from the Tahsildar, Bhuvanagiri and based on the same, the District Collector is proposing to take action in this case.5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court and the written instructions of the Assistant Director, Geology and Mining, Cuddalore, there shall be a direction to the first respondent to deal with the complaint/representation given by the petitioner on 16.06.2025 and take necessary action strictly in accordance with 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 2025law within a period of four (4) weeks from the date of receipt of a copy of this order.This writ petition is disposed of with the above direction. No costs.25.08.2025Speaking/Non-speaking orderIndex : Yes / NoNeutral Citation : Yes / NogmTo1.The District Collector, Cuddalore District, Cuddalore.2. The Director, Vigilance and Anti-Corruption Department, M.K.N.Road, Alandur, Chennai. 3. The Director, Department of Geology and Mining, Chennai.4. The Director, State Environment Impact Assessment Authority, No.1, Panagal Maligai Building, 3rd Floor, Jeenis Road, Saidapet, Chennai - 600 015.N. ANAND VENKATESH, J.7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.31947 of 2025gm5. The Director, Department of Geology and Mining, Cuddalore District, Cuddalore.6. The Executive Engineer, Public Works Department, Water Resources Division, Cuddalore District, Tamil Nadu.7. The Tahsildar, Bhuvanakiri Taluk, Cuddalore District.8. The Village Administrative Officer, Villiyanallur, Bhuvanagiri Taluk, Cuddalore District.9. The Village Administrative Officer, Velingipattu Village (Athiyanallur) Bhuvanagiri Taluk, Cuddalore District.Writ Petition No.31947 of 202525.08.20258/8