The High Court at Madras disposed of a writ petition challenging inactivity regarding a representation against road laying affecting a stone quarry, accepting the respondent's assurance that objections would be considered during project implementation.
No further orders; representation noted for consideration during project implementation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2021
CORAM:
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NOS.14140 OF 2018
R.Sumathi, Proprietrix, Sri Raam Blue Metals, 23/7 Erode Main Road, Kanthampalayam, Velayuthampalayam (PO), Karur - 639 117. ... Petitioner
.Vs.
The Project Director, National Highways Authority of India Door No.9/9A, 4th Cross Street, Kothari Layout, (Opp. Stock Exchange), Trichy Road, Singanallur P.O., Coimbatore - 641 005.
... Respondent
COMMON PRAYER:-
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to forthwith consider and pass orders on the representation of the petitioner dated 19.04.2018 in accordance to law with respect to objecting the laying of six lane roads and requesting for project realignment of the proposed KarurCoimbatore six-lane road by not interfering with the petitioner's Stone quarry and stone crushing unit business.
For Petitioner : M/s.P.Saravana Sowmiyan
For Respondent : Mr.Su.Srinivasan Senior Central Government Standing Counsel
ORDER
The Writ Petition has been filed by the petitioner, seeking for mandamus on the respondent to forthwith consider and pass orders on the representation of the petitioner's dated
19.04.2018 in accordance to law with respect to objecting the laying of six lane roads and requesting for project realignment of the proposed Karur-Coimbatore six-lane road by not interfering with the petitioners' Stone quarry and stone crushing unit business .
2.1 Further, the learned counsel for the petitioner submits that, a proposal has made to lay six-lane road from Karur to Coimbatore. For the said proposal, the officials had visited the petitioner's land and marked the boundaries for acquisition of land to lay six-lane road. If the six-lane road is laid through the petitioner's property, the petitioner have to obviously, lose his business and the workers employed under him would also put to hardship. Therefore, the petitioner has made a representation, dated 19.04.2018 to the respondent, strongly objecting to the laying of roads in the lands and requested for project realignment of the proposed six-lane road without passing through his land in order to maintain the prohibitory distance of 300 meters as contemplated under the Tamil Nadu Minor Mineral Concession Rules, 1959 and 500 metres as stipulated in Tamil Nadu Pollution Control Board's BPMS No.4 dated 02.07.2004 with respect to running of the petitioner's rough stone quarry and stone crushing unit. However, no order has been passed. Hence, the present petition has been filed to pass appropriate order on the representation of the petitioner.
Coimbatore project. Merely based on apprehension of the petitioner, the Writ Petition cannot be entertained, and in fact, no Writ in anticipatory nature would be issued. Therefore, he submitted that the Writ Petition is liable to be dismissed.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
jd/sd
To
The Project Director, National Highways Authority of India, Door No.9/9A, 4th Cross Street, Kothari Layout, (Opp. Stock Exchange), Trichy Road, Singanallur P.O., Coimbatore - 641 005.
W.P.NOS.14140 OF 2018
MG(CO) PBS/28/12/2021
R.Sumathi, Proprietrix, Sri Raam Blue Metals
The Project Director, National Highways Authority of India
Krishnan Ramasamy
As recorded by the court registry
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