Disposed

Balamurugan .P v. The District Collector

Madras HC1 Dec 2023WP(MD)/12198/2023

Case brief

AI extract

What is this about?

This short order disposed of a writ petition challenging illegal mining of brick earth by respondents 8 to 11. The court held that the objection filed by the petitioner will be considered before the mining authority decides the application, and thus disposed of the petition without costs.

What did the court decide?

Petition disposed; no costs awarded; connected miscellaneous petitions closed.

Balamurugan .P Vs The District Collector — Mining and Natural Resources | Madras HC (2023)

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W.P(MD)No.12198 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.12.2023

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CORAM :

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THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P(MD)No.12198 of 2023 and

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W.M.P(MD)Nos.10429, 10431, 10432, 14381 and 21231 of 2023

P.Balamurugan

... Petitioner

vs.

The District Collector, Ramanathapuram District, Ramanathapuram.

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The Assistant Director, Geology and Mining Department, Ramanathapuram District, Ramanathapuram.

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The Assistant Collector / Revenue Divisional Officer, Paramakudi.

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The Tahsildar, Paramakudi Taluk, Paramakudi.

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The Chairman, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

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The Member Secretary, State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

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https://www.mhc.tn.gov.in/judis

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Page 1 of 5

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W.P(MD)No.12198 of 2023

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The Sub Registrar, Manamadurai.

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P.Duraipandian

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D.Jothiranganayaki

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M.K.Thavamani

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D.Sendhurpandian

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... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents 1 to 6 in any manner processing the granting of any mining license / permission in favour of respondents 8 to 11 and in any manner of brick earth quarry for the brick kiln situated at 166/1A of Soodiyur Village and further direct the respondents 1 to 4 to initiate appropriate action under the Revenue Recovery Act, 1864, to assess and recover the loss caused by the respondents 8 to 11 within a time-frame fixed by this Court.

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For Petitioner	: Mr.R.Murali for Mr.J.Krishna Kumar
For R1 to R4 & R7	: Mr.P.Thilakkumar, Government Pleader
For R5 & R6	: Mr.Y.Jegadeesh for Mr.N.Dilip Kumar, Standing Counsel
For R8 to R10	: Mr.G.Prabhu Rajadurai for Mr.C.M.Arumugam
For R11	: Mr.V.Sundararaj

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O R D E R

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[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

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We have heard Mr.R.Murali learned counsel representing the counsel on record for petitioner, Mr.P.Thilakkumar, learned Government Pleader appearing for the respondent Nos.1 to 4 and 7,

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https://www.mhc.tn.gov.in/judis

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Page 2 of 5

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W.P(MD)No.12198 of 2023

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Mr.Y.Jegadeesh learned counsel appearing for Mr.N.Dilip Kumar, learned Standing Counsel for the respondent Nos.5 and 6, Mr.G.Prabhu Rajadurai learned counsel appearing for Mr.C.M.Arumugam, learned counsel on record for the respondent Nos. 8 to 10 and Mr.V.Sundararaj, learned counsel appearing for the respondent No.11.

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The learned counsel for the petitioner submits that the respondent Nos.8 to 11 are indulging in illegal mining. They have applied for the mining licence / permission of brick earth quarry for the brick kiln situate in Survey No.166/1A of Soodiyur Village and there is a water body adjacent to the said survey number.

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According to the learned counsel for the petitioner, the licence / permission is not granted by the authority. The objection is already filed by the petitioner.

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The learned Government Pleader submits that the objection filed by the petitioner will be considered before deciding the application of the respondent Nos.8 to 11 for mining licence / permission.

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https://www.mhc.tn.gov.in/judis

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Page 3 of 5

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W.P(MD)No.12198 of 2023

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In view of the said submission, the Writ Petition is disposed

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of. No costs. Consequently, connected miscellaneous petitions are closed.

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[S.V.G., C.J.] [L.V.G., J.] 01.12.2023 Index : Yes / No Neutral Citation : Yes / No bala

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The District Collector, Ramanathapuram District, Ramanathapuram.

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The Assistant Director, Geology and Mining Department, Ramanathapuram District, Ramanathapuram.

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The Assistant Collector / Revenue Divisional Officer, Paramakudi.

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The Tahsildar, Paramakudi Taluk, Paramakudi.

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The Chairman,

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State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

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The Member Secretary,

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State Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai-600 015.

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The Sub Registrar, Manamadurai.

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https://www.mhc.tn.gov.in/judis

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Page 4 of 5

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W.P(MD)No.12198 of 2023

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THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.

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bala

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W.P(MD)No.12198 of 2023

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01.12.2023

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https://www.mhc.tn.gov.in/judis

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Page 5 of 5

Balamurugan .P v. The District Collector

Case brief

What is this about?

What did the court decide?

Balamurugan .P v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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