This court dismissed a writ petition filed by a mining lease holder challenging the formation of an unauthorized residential layout. The court held that without environmental clearance and with the quarry unused for years, the petitioner had no vested right to prevent the development.
Writ Petition dismissed with no costs.
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.
W.P.No.1021 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No.1021 of 2023
K.R.Muthukrishnan
...Petitioner
Vs.
1.The Secretary to Government Industries, IP & C Department Secretariat Chennai-600 009
2.The Commissioner of Geology and Mining Guindy Industrial Estate Chennai-600 032
3.The Director Town and Country Planning Department No.807, CMBT Chennai-600 107
4.The District Collector Namakkal District Namakkal
5.The Assistant Director Geology and Mines Collectorate Namakkal
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W.P.No.1021 of 2023
6.The Assistant Director Town and Country Planning Namakkal
7.The Revenue Divisional Officer Tiruchengode Namakkal
8.The Revenue Tahsildar Komarapalayam Taluk Namakkal District
9.The Block Development Officer Komarapalayam Namakkal District.
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents 3 to 9 to prevent the forming of unauthorized layout in S.F.Nos.196/6,187/7B,8B,5A, 6A,7A,8A and 187 situated in Padaiveedu village, Komarapalayam Taluk, Namakkal District by considering petitioner representations dated 11.08.2021,09.11,.2021,11.03.2022 and 20.08.2022.
For Petitioner : Mr.R.Marudhachalamurthy
For Respondent : Mrs.R.Anitha, Spl.G.P for R1 to 8
Mr.B.Vijay, AGP for R9
O R D E R
Writ Petition has been filed praying to issue a Writ of mandamus
directing the respondents 3 to 9 to prevent the forming of unauthorized
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W.P.No.1021 of 2023
layout in S.F.Nos.196/6,187/7B,8B,5A, 6A,7A,8A and 187 situated in Padaiveedu village, Komarapalayam Taluk, Namakkal District by considering petitioner representations dated 11.08.2021,09.11,.2021,11.03.2022 and 20.08.2022.
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W.P.No.1021 of 2023
byw residential development and the quarry does not have no ways to
function. Hence, there is no violation. It is also stated that no NOC is obtained from Environment Department and the quarry is not in use for more than two years. In such view of the matter, as a matter of right the petitioner cannot stall the further development for the villagers for residential purposes.
In such view of the matter, I do not find any merits in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.
19.01.2023
kpr Internet:Yes Speaking/non-speaking order
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W.P.No.1021 of 2023
To
1.The Secretary to Government Industries, IP & C Department Secretariat, Chennai-600 009
2.The Commissioner of Geology and Mining Guindy Industrial Estate Chennai-600 032
3.The Director Town and Country Planning Department No.807, CMBT, Chennai-600 107
4.The District Collector Namakkal District Namakkal
5.The Assistant Director Geology and Mines Collectorate Namakkal
6.The Assistant Director Town and Country Planning Namakkal
7.The Revenue Divisional Officer Tiruchengode Namakkal
8.The Revenue Tahsildar Komarapalayam Taluk Namakkal District
9.The Block Development Officer
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W.P.No.1021 of 2023
Komarapalayam Namakkal District.
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W.P.No.1021 of 2023
N. SATHISH KUMAR, J.
kpr
W.P.No.1021 of 2023
19.01.2023
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2 issues framed by the court
Whether the petitioner holds a vested right to prevent the formation of a residential layout in an area where the quarry has not been used for several years and no environmental clearance was obtained
Whether the petitioner can stalling further development for villagers' residential purposes considering the lack of environmental clearance and non-use of the quarry.
K.R. Muthukrishnan
The Secretary to Government Industries, IP & C Department
The Commissioner of Geology and Mining
The Director Town and Country Planning Department
The District Collector Namakkal
The Assistant Director Geology and Mines
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
