Disposed

B.Kumaran v. The District Collector

Madras HC5 Feb 2020WP/7017/2019

Case brief

AI extract

What is this about?

The petitioner, a quarry licensee, sought a writ directing the Collector to issue transport permits for remaining materials and extend the lease to compensate for non-operation after a prior challenge to the permit was dismissed. The Court made no opinion on merits.

What did the court decide?

Direction to the District Collector to issue notice to the petitioner, conduct an inquiry, consider the previous Division Bench order, and pass a final order by 31.03.2020.

B.Kumaran Vs The District Collector — Writ and Judicial Review | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 05.02.2020

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No.7017 of 2019 and W.M.P.No.7733 of 2019

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B.Kumaran .. Petitioner ..Vs.. 1.The District Collector, Collector Office, Tiruvarur District. 2.The District of Geology and Mining, Office of the District Collector, Tiruvarur. .. Respondents

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PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue necessary transport permit/dispatch slips for remaining lorry loads of savudu with respect to patta land comprised in R.S.No.189/2, 189/3, 189/4, 189/5 and 189/6 over an extent of 1.83.0 hectares in Alivalam Village, Thiruvarur Taluk and District and further direct the respondents to grant permission to quarry further period of two years in order to compensate the non operating period and also grant period to compensate non-operating period.

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For Petitioner : Mr.M.Muthappan

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For Respondents: Mr.Inbanathan Additional Government Pleader

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The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents to issue necessary transport permit/dispatch slips for remaining lorry loads of savudu with respect to patta land comprised in

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https://hcservices.ecourts.gov.in/hcservices/

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R.S.No.189/2, 189/3, 189/4, 189/5 and 189/6 over an extent of 1.83.0 hectares in Alivalam Village, Thiruvarur Taluk and District and further direct the respondents to grant permission to quarry for a further period of two years in order to compensate the non operating period and also grant period to compensate non-operating period.

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2.In the affidavit filed in support of the writ petition, it is stated that the petitioner had applied for quarrying permission to quarry savudu/earth in patta land comprised in R.S.Nos.189/2, 189/3, 189/4, 189/5 and 189/6 for a period of 3 years. The Tahsildar, Tiruvarur and Revenue Divisional Officer, Tiruvarur had submitted a report recommending for granting of quarry permission to the petitioner. The Assistant Director, Geology and Mining, had also given a report recommending for granting of permission for the quantity of 4800 lorry loads of savudu with the usual conditions. Thereafter, the petitioner was directed to get environment clearance from the State Level Environment Impact Assessment Authority and also get consent from the Tamil Nadu Pollution Control Board. After completion of the statutory formalities, the petitioner was directed to deposit the Seigniorage fee Rs.5,75,000/- for 4,800 lorry loads, besides Rs.5,000/- as security deposit and Rs.1,200/- as area assessment. The petitioner had paid the entire amount.

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3.Thereafter, the first respondent/District Collector in his proceedings dated 02.03.2016 in Rc.No.662(G&MN)/2015 has also granted permission to quarry 4800 lorry loads of savudu. The petitioner along with registered holders have executed the lease deed with the District Collector and the same was registered before the Sub Registrar, Tiruvarur on 03.03.2016. The petitioner was also granted permit slips on 23.03.2016 for the period from 24.03.2016 to 04.08.2016 for a total number of 267 lorry loads for savudu.

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4.However, W.P.No.31436 of 2016 had been filed in the nature of Mandamus, directing the first respondent to cancel the permission granted to the petitioner. The writ petition came up for final hearing before a Division Bench of this Court and after hearing both sides, on 20.08.2018, the writ petition was dismissed. Thereafter, the petitioner had again made a representation before the District Collector on 12.09.2018, requesting to issue bulk permit as well as dispatch slips to transport the savudu. Till, date his representation has not been considered by the respondents. Hence, the present writ petition has been filed.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The petitioner had also got Environmental Clearance certificate on 19.02.2016 in Lr.No.SEIAA-TN/F.No.4992/1(a)/ EC.No.2999/2016. The said clearance specifically granted permission to survey Nos.189/2, 189/3, 189/4, 189/5 and 189/6 in Tiruvarur District. The minor mineral Savudu earth mining lease area was 1.83.0 hectares. The mining lease period was 3 years. The learned counsel for the petitioner stated that 9 employees would be employed every day. The permission was granted after appraisal by the authorities on 12.02.2016 and 13.02.2016 and conditions were also imposed. Thereafter, the District Collector, Tiruvarur, had also passed a detailed order in R.C.No.662/(G&M)/2015 dated 02.03.2016. It's relevant paragraphs are extracted hereunder:-

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"Thiru.B.Kumaran, S/o.Balasubramanian, No.51, Periyar Street, Mettupalayam, Thiruvarur District, the applicant, is informed that he should produce the following documents in this office for the execution of lease agreement.

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1.Remitted challan for Rs.5,76,000/- towards seniograge fee, Rs.5,000/- towards security deposit and Rs.1,200/- towards area assessment.

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2.Stamp papers for the execution of lease agreement for Rs.5,830/- + Rs.50/-".

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6.The lease deed was also executed on 02.03.2016 and the same was registered on the same day. In the mean while the W.P.No.31436 of 2016 has been filed by Odambokiaru, A.21, Alivalam, Vaaikkal Anaithu, B.Pirivu Vaaikkalkal, Pasanathararkal Sabhai, (Regd.No.119 of 2006 dated 07.01.2006) rep. by its Secretary M.Balasubramanian, 2-67, Perumal Kovil Street, Alivalam-610 106, Tiruvarur District. It's relevant paragraph is extracted here under:-

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"10.The aforesaid facts would make it clear that the fourth respondent has already stopped the quarrying operation in the lands-in-dispute w.e.f.04.08.2016, though the lease was granted for three years on 23.03.2016, as per the directions of the District Collector, Thiruvaur and Revenue Officials and no despatch slips were issued by the Assistant Director of Geology and Mining, Nagapattinam/Thiruvarur. Moreover, the licence has not been utilized for further period in view of the objection raised by the public. Since the quarry operation will be done only under the licence and when it is alleged that no permit slips have been issued to the fourth respondent after 04.08.2016, the question

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https://hcservices.ecourts.gov.in/hcservices/

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of taking further action against him on the basis of Revenue Divisional Officer, Thiruvarur does not arise. However, the respondents 1 to 3 have to take appropriate action against the persons who are responsible for illegal quarrying in the quarry site by considering the report of the District Revenue Officer."

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7.Thereafter, the petitioner had given a representation on 12.09.2018, till date no action has not been taken on the said representation.

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8.Heard both sides and perused the materials available on record.

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Without expressing any opinion on the merits of the case and also considering the facts and circumstances of this case, this Court is inclined to issue directions to the first respondent to issue notice to the petitioner and thereafter the first respondent shall enquire the petitioner. The first respondent is also directed to consider the order passed by the Division Bench of this Court in W.P.No.31436 of 2016 and thereafter pass a final order on or before 31.03.2020 in accordance with law.

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With the above directions, the Writ Petition is
disposed of. No costs. Consequently, connected Miscellaneous
petition is closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
tta
To
1.The District Collector,
Collector Office,
Tiruvarur District.
2.The District of Geology and Mining,
Office of the District Collector,
Tiruvarur.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.No.7017 of 2019

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+1cc to Mr.M.Muthappan, Advocate SR.9205 +1cc to the Government Pleader SR.9517

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NRL(CO) CB(20/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

B.Kumaran v. The District Collector

Case brief

What is this about?

What did the court decide?

B.Kumaran v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

Case details

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