This common order addressed multiple writ petitions challenging the District Collector's orders requiring payment of full mineral costs for mining leases executed without Environmental Clearances, granting liberty to approach the administrative authorities.
Liberty granted to petitioners to approach the respondent authorities.
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 : 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.Nos.29327 to 29329, 29331, 29332, 29334 to 29338 & 29340 of 2019
and W.M.P.Nos.29134 to 29139 of 2019, 29142 to 29145 & 29149 of 2019
1.M/S.YESSAREX PROPRIETARY CONCERN REPRESENTED BY ITS POWER OF ATTORNEY AR. AKBAR SHARIEEF
S/O. U.ABDUL RAZAK NO. 25 THANDAVARAYA STREET ARIYALUR - 621 704. ... PETITIONER in WP No.29327 of 2019
1.A.KESAVAN S/O. ANNAMALAI GOUNDER NO. 60 KANNANKURICHI ROAD SALEM - 636008 REP. BY HIS POWER OF ATTORNEY AGENT D.BALU S/O. LATE.SRI.DOOTHAN
1.M/S.PARVENN MINES AND MINERALS REPRESENTED BY ITS MANAGING PARTNER BARISHA BEGAM WIFE OF MR.A.ABDUL GANI BAKSHA NO.63A 3RD CROSS PARAMASIVAPURAM LALKUDI TALUK TRICHY DI
1.S.SARAVANAN S/O.S.SUBRAMANIAN NO.69 GANAPATHY NAGAR TIRUVANAIKOVIL TRICHY 620 005.
S/O.S.SUBRAMANIAN NO.69 GANAPATHY NAGAR TIRUVANAIKOVIL TRICHY 620 005.
S/O. LATE A. KATHIRVEL MOOPANAR PANANGOOR VILLAGE SUNDAKKUDI POST ARIYALUR TALUK AND DISTRICT.
S/O. LATE A. KATHIRVEL MOOPANAR PANANGOOR VILLAGE SUNDAKKUDI POST
ARIYALUR TALUK AND DISTRICT.
| 3.K. JAGATHESAN S/O. LATE A. KATHIRVEL MOOPANAR PANANGOOR VILLAGE SUNDAKKUDI POST ARIYALUR TALUK AND DISTRICT. ... PETITIONER in WP No.29334 of 2019 |
|---|
| 1.J.MOHAN KUMAR S/O. P.JAYAPAL NO. 61/ 2 YERCAUD MAIN ROAD HASTHAMPATTI SALEM – 636007 ... PETITIONER in WP No.29335 of 2019 |
| 1.M/S.CRESENT MINES AND MINERALS REPRESENTED BY ITS PROPRIETOR A.MOHAMED FEROZ SON OF MR.A.ABDUL GANI BAKSHA NO.63A 3RD CROSS PARAMASIVAPURAM LALKUDI TALUK |
| TRICHY DISTRICT ... PETITIONER in WP No.29336 of 2019 |
| 1.M/S.SIVSAKTHI ENTERPRISES |
| REP BY ITS PARTNER M.SHANBAGARAMAN S/O MADURAI PLOT NO.28 ARUMUGA NAGAR ALAGAPURAM SALEM 636 016. ... PETITIONER in WP No.29337 of 2019 |
| 1.S. SUBRAMANIAN S/O. S.P. SHANMUGAM NO. 69 GANAPATHY NAGAR TIRUVANAIKOVIL TRICHY - 620 005. ... PETITIONER in WP No.29338 of 2019 |
| 1.M/S.MAHALAKSHMI MINES AND PULVERISERS REP. BY ITS MANAGING PARTNER M.NATESAN S/O.LAGE P.MUTHU GOUNDER NO.205 PUTHUR ITTERI ROAD NETHIMEDU SALEM 636 002. ... PETITIONER in WP No.29340 of 2019 vs |
| 1.THE DISTRICT COLLECTOR PERAMBALUR PERAMBALUR DISTRICT. ... RESPONDENT in WP No.29327, 29329, 29331, 29338 of 2019 |
| 1.THE DISTRICT COLLECTOR SALEM SALEM DISTRICT ... RESPONDENT in WP No.29328, 29335, |
| 29340 of 2019 |
| 1.THE DISTRICT COLLECTOR |
| ARIYALUR ARIYALUR DISTRICT ... RESPONDENT in WP No.29332, 29334, 29336 of 2019 |
1.THE DISTRICT COLLECTOR NAMAKKAL NAMAKKAL DISTRICT.
... RESPONDENT in WP No.29337 of 2019
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari,
Prayer in WP NO.29327 of 2019 : calling for the records on the file of the respondent in relation to the impugned order in Rc.No.70/2019/Mines; dated 26.08.2019, signed by the respondent on 04.10.2019, in respect of mining lease for mining of limestone from the lands comprised in Survey No.219/1, over an extent of 3.42.5 Hectares, situate in Olaipadi West Village, Kunnam Taluk, Perambalur District and quash the same.
WP No.29328 of 2019
Calling for the records on the file of the respondent in relation to the impugned order in Roc.No. 45/ 2018/ M-2/ Mines - A, dated 31.07.2019, in respect of mining lease for mining of Magnesite from the lands comprised in Survey No. 55/ 1, over an extent of 3.23.5 Hectares, situate in Moongilpadi Village, Omalur Taluk, Salem District and quash the same
WP No.29329 of 2019
calling for the records on the file of the respondent in relation to the impugned order in Rc.No.70/2019/Mines dated 26.08.2019, in respect of mining lease for mining of limestone from the petitioners patta land comprised in Survey Nos.135/2, 135/3, 136/4, 136/7, 136/8, 147/1, 147/2F, 147/3A, 147/3B, 147/3C, 147/3D, 147/3E, 147/3F, 147/3G, 147/3H, 147/4A, 147/4B, 147/4C, 147/4D, 147/5, 147/6, 147/7, 148/1 and 148/2 over an extent of 4.59.0 Hectares, situate in Perali South Village, Kunnam Taluk, Perambalur District and quash the same
WP No.29331 of 2019
Calling for the records on the file of the respondent in relation to the impugned order in Rc.No.70/2019/ Mines dated 26/08/2019, signed by the respondent on 09/09/2019, in respect of mining lease for mining of limiestone from the lands comprised in Survey Nos. 17/1A, 18 /2A Part, 18/2B, 18/2c, 19/1 A part, 19/1c,prt and 20/1, over an extent of 4.75.0 Hectares, Situate in Vayalapadi Village, Kunnam Taluk, Perambalur District and quash the same.
WP No.29332 of 2019
Calling for the records on the file of the respondent in relation to the impugned order in Roc.No. 132/ 2019/ Mines, dated 20.08.2019, in respect of mining lease for mining of limestone from the Petitioners patta land comprised in Survey Nos. 8/ 4A, 8/ 4B, 8/ 5A, 8/ 5B, 8/ 5C, 8/ 5E, 8/ 6A, 8/ 6B, 8/ 6C, 8/ 7 and 8/ 8, over an extent of 4.67.0 Hectares, situate in
Karupursenapathy Village, Ariyalur Taluk and District and quash the same
WP No.29334 of 2019
calling for the records on the file of the respondent in relation to the impugned order in Rc. No. 132 / 2019/ Mines, dated 20.08.2019, in respect of mining lease for mining of limestone from the Petitioners patta land comprised in Survey Nos. 14/1, 14/2, 14/11, 14/12, 14/13A, 14/13B, 14/14A, 14/14B, 14/16, 14/17A and 14/17/B, over an extent of 4.49.0 Hectares, situate in Alanthuraiyarkattalai Village, Ariyalur Taluk and District and quash the same.
WP No.29335 of 2019
Calling for the records on the file of the respondent in relation to the impugned order in Roc.No. 45/ 2018/ L-9/ Mines - A, dated 31.07.2019, quash the same
WP No.29336 of 2019
calling for the records on the file of the respondent in relation to the impugned order in Rc.No.132/2019/Mines dated 20.08.2019, in respect of mining lease for mining of limestone from the petitioners patta land comprised in Survey Nos.12/11, 13/9, 124/1, 124/2A, 124/2B, 124/2C, 124/2D, 124/3B, 124/3C, 124/4A, 124/4B, 124/4C, 124/4D, 124/5A, 124/5B and 124/5C over an extent of 3.31.0 Hectares, situate in Alanthuraiyarkattalai Village, Ariyalur Taluk and District and quash the same
WP No.29337 of 2019
Calling for the records on the file of the respondent in relation to the impugned order in Na.Ka.No.641/ Minerals/2019 dated 06/08/2019,in respect of mining lease for mining of limestone from the land comprised in Survey Nos.213/2A2 and 213/2B of Unjanai Village and in Comprised in Survy Nos.181/1B and 182/2 of Pudupuliyampatti village over an extent of 2.56.0 Hectares, situate in Tiruchengode Taluk, Namakkal District and quash the same.
WP No.29338 of 2019
calling for the records on the file of the respondent in relation to the impugned order in Rc. No. 70 / 2019/ Mines, dated 26.08.2019, signed by the respondent on 09.09.2019, in respect of mining lease for mining of limestone from the lands comprised in Survey Nos. 14/3A part, 14/3B part, 15/1A part, 15/1B part, 18/3A, 18/3B and 18/3C, over an extent of 3.57.0 Hectares, situate in Vayalapadi Village, Kunnam Taluk, Perambalur District and quash the same.
WP No.29340 of 2019
Calling for the records on the file of the respondent in
relation to the impugned order in Roc.No.45/2018/L-14/Mines a dated 31/07/2019, in respect of mining lease for mining of limestone from the land comprised in Survey Nos. 116/1/part,123/2B part, 12 /2c, 123/2D, 123/2E1B, 123/2E1C, 123/2E1 part, 12/2E1D and 12/2E1F (p) over an extent of 4.71.5 hectrares situate in Chinnagoundanur Village, Sankari Taluk, Salem District. and quahs the same.
In all the WPs.
For Petitioners : Mr.S.Senthil
For Respondent : Mr.Stalin Abimanyu Government Advocate
C O M M O N O R D E R
Challenging the orders passed by the respondent directing the petitioners to pay 100% cost of minerals for limestone and magnesite removed from the leasehold areas without Environmental clearance, the petitioners have come up with these writ petitions to quash the same.
2.Today, when these matters were taken up for hearing, the learned counsel for the petitioners submitted that it would suffice, if this Court grants liberty to the petitioners to approach the respondent to ventilate their grievances in the light of an official memo dated 07.07.2021 filed by the respondent, subsequent to the order of this Court dated 12.06.2020 made in a batch of writ petitions in W.P.No.26808 of 2019, for which, the learned Government Advocate appearing for the respondent has no serious objection.
3.Granting such liberty to the petitioners, the writ petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
kj
To
1.The District Collector
Perambalur
Perambalur District.
2.The District Collector
Salem
Salem District.
3.The District Collector Ariyalur
Ariyalur District.
4.The District Collector
Namakkal
Namakkal District.
+11cc to Mr.S.Senthil, Advocate, S.R.No.32882 to 32886,32892 to 32897.
W.P.Nos.29327 to 29329, 29331, 29332, 29334 to 29338 & 29340 of 2019 and W.M.P.Nos.29134 to 29139 of 2019, 29142 to 29145 & 29149 of 2019
NR(CO)
SB(19/08/2021)
1 issue framed by the court
Whether the writ petitions challenging orders directing payment of 100% mineral costs without environmental clearance can be disposed of by granting liberty to approach the respondent.
1 provisions across 1 enactments
M/S.YESSAREX PROPRIETARY CONCERN
A.KESAVAN
M/S.PARVENN MINES AND MINERALS
S.SARAVANAN
K. JAGATHESAN
J.MOHAN KUMAR
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
