High Court · 2025

W.P.No.33061 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.09.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.33061 of 2025and W.M.P.Nos.39880 & 37112 of 2025K.Vasan .. PetitionerVs.1.State of Tamil Nadu,Rep.by Secretary to GovernmentIndus, Dept, Fort St.George,Chennai-600 009.2.The District Collector,Kancheepuram District,Kancheepuram.3.The Deputy Director of Geology and Mining,Kancheepuram District,Kancheepuram.4.D.Jaishankar ... Respondents 1 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent's proceedings bearing Na.Ka.No.53/Q3,2020, dated 08.08.2025, quash the same and direct the 2nd respondent to permit the petitioner to quarry rough stones and gravel in the petitioner's Patta land mesuring 2.01.00 hectares, comprised in Survey Nos.11/1E2, 121/1F, 121/2, 122/A3, 122/2B1, 193/1A3B and 193/1A4, situated in Maampudhur Village, Uthiramerur Taluk, Kancheepuram District.For petitioner : Mr.N.Chandrasekaran, Senior Counsel For Respondents : Mr. E.Vijay Anand, Additional Government Pleader for R-1 to R-3 : Mr.S.Parthasarathy for R-4 ORDER Assailing the impugned order passed by the 2nd respondent suspending the quarry license of the petitioner, the present Writ Petition has been filed seeking quashment of the same.2. Brief facts that are necessary for this Writ Petition are:- The petitioner entered into a lease agreement dated 26.02.2021 for quarrying rough Stone in the subject property, for a period of 10 years and on the basis of which, the petitioner started quarry operations in the subject 2 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 2025property. Whileso, one V.Murali along with the 4th respondent had lodged a complaint before the 2nd respondent alleging that their agricultural activities will get affected if the petitioner continues to carry on the quarry operations in the subject property in view of their agricultural lands being situated near the petitioner's quarry. Pursuant thereto, the 2nd respondent had suspended the quarry operations of the petitioner which prompted the petitioner to file a Writ Petition before this Court in W.P.No.10442 of 2022, wherein though initially stay was granted as against the suspension of quarry operations however, by order dated 17.10.2022, an Advocate Commissioner was appointed to inspect the subject quarry. 3. On the basis of the status report which came to be filed by the Advocate Commissioner, a final order dated 04.01.2023 came to be passed by this Court directing the petitioner to file a statutory appeal before the Director of Geology and Mining, Guindy. In the statutory appeal preferred by the petitioner herein, the suspension order which came to be passed by 2nd respondent was set aside granting permission to the petitioner to carry out the quarry operations by following the conditions stipulated in the lease agreement. However, based on the complaints made by said Murali and the 4th respondent herein, once again the quarry licence has been suspended by 3 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 2025the 2nd respondent vide impugned proceedings dated 08.08.2025. Aggrieved by which, the petitioner has come up with the present Writ Petition.4. Learned Senior Counsel for the petitioner submits that even though the conditions imposed by the District Collector vide order dated 05.06.2024 has been complied with, the petitioner was not allowed to continue the quarry operation. Further, this Court vide order dated 29.08.2025 had recorded the written instructions of the Assistant Director, Geology and Mining, Kancheepuram and the petitioner had filed an affidavit stating compliance of all the conditions imposed by the District Collector while revoking the order of suspension initially. Hence, the impugned order be quashed permitting the petitioner to continue with the quarry operations.5. Learned Additional Government Pleader appearing for respondents 1 to 4 submits that in view of the objections by the village public for quarry operations by the petitioner in the subject area and since the petitioner has attempted to utilize the grassing poramboke land as a pathway, the suspension order has been passed. Further, as per the report of the Tahsildar, permitting the petitioner to operate the quarry will result in the law and order problem in the said area. 4 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 20256. He further submits that as per the directions of this Court dated 29.08.2025, the petitioner has filed an affidavit stating that he has complied with all the conditions, further enquiry will be conducted and appropriate orders will be passed.7. Learned counsel appearing for the 4th respondent submitted that the 4th respondent may be permitted to participate in the enquiry to be conducted by the 2nd respondent.8. This Court heard the learned counsel appearing on either side and perused the materials available on record.9. It is seen from the records that though the order impugned in this Writ Petition has come to be passed on 08.08.2025, this Court vide order dated 29.08.2025 has recorded the written instructions of the Assistant Director, Geology and Mining, Kancheepuram and the submission of the learned Additional Government Pleader that suspension will be revoked, if the petitioner satisfies with the conditions imposed. It was also recorded that an affidavit has been filed by the petitioner stating that all the conditions pointed out by the Assistant Director (Geology and Mining) has been complied with, which has not been denied by the learned Additional Government Pleader for the official respondents. 5 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 202510. In light of the above, the impugned order is kept in abeyance till orders are passed by the District Collector, Kancheepuram. The District Collector, Kancheepuram is directed to hear the petitioner and the 4th respondent, after issuing notice to them, peruse the report filed by the Assistant Director (Geology and Mining) and the affidavit filed by the petitioner and pass orders on merits and in accordance with law, within a period of two (2) weeks from date of receipt of a copy of this order. 11.This Writ Petition is disposed of in the aforesaid terms. No costs. Connected Miscellaneous petition is closed.18.09.2025Index : Yes / NoSpeaking Order / Non-speaking orderNeutral Citation Case : Yes / NoNhs6 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 2025To1.The Secretary to GovernmentState of Tamil Nadu,Indus, Dept, Fort St.George,Chennai-600 009.2.The District Collector,Kancheepuram District,Kancheepuram.3.The Deputy Director of Geology and Mining,Kancheepuram District,Kancheepuram.7 https://www.mhc.tn.gov.in/judis W.P.No.33061 of 2025M.DHANDAPANI, J.NhsW.P.No.33061 of 2025and W.M.P.Nos.39880 & 37112 of 202518.09.20258