A writ petition challenging quarry operations in agricultural lands and seeking an enquiry was dismissed. The court discharged the petition after learning that the Assistant Director rejected the applicants' licence request, rendering the petition unnecessary.
None granted; the writ petition was closed 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(MD)No.290 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.290 of 2022
J.Jonathan Preeth Jayabarathan ... Petitioner
Vs
1/5
W.P(MD)No.290 of 2022
Rep. by its Partner, Mr. Sivasubbu, D.No.562/1A, Tharuvai, Palayamkottai Tk., Tirunelveli District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting license or permission to the respondents 5 to 8 and his men for commencing stone quarrying operations in agricultural lands in Survey No.84/3C, 84/6A1 and 84/6A3 situated in Paruthipadu Village, Nanguneri Tk., Tirunelveli District and their neighbouring lands, without following the provisions of the Tamil Nadu Mines and Minerals Act and without obtaining environmental clearance from the competent authorities and consequently direct the respondents No 1 to 4 to conduct enquiry on the basis of the objection sent by the petitioner dated 20.12.2021.
For Petitioner : Mr.R.Pon Karthikeyan For R1 to R4 : Mrs.D.Farjana Ghoushia Special Government Pleader For R5 : Mr.H.Arumugam For R6 to R8 : No appearance
O R D E R
The petitioner with a grievance that the respondents 5 to 8 are attempting to conduct quarry operations in agricultural lands
without obtaining Environmental clearance submitted an application
2/5
W.P(MD)No.290 of 2022
before the respondents and filed this writ petition for a Mandamus to direct the respondents No 1 to 4 to conduct an enquiry.
2.Today(15.09.2023), when this writ petition is taken up for hearing, it is reported that the Assistant Director, Department of Geology and Mining has rejected the application filed by the respondents 5 to 8 for grant of quarry licence.
3.In view of the above, this writ petition is closed. No
costs.
15.09.2023
NCC: Yes/No Index:Yes/No Internet:Yes vrn
W.P(MD)No.290 of 2022
To
W.P(MD)No.290 of 2022
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.290 of 2022
15.09.2023
2 issues framed by the court
Whether the writ petition is maintainable to direct authorities to halt quarry operations without environmental clearance.
Whether respondents 1 to 4 should be directed to conduct an enquiry regarding applications for quarry licenses.
J.Jonathan Preeth Jayabarathan
The District Collector, Tirunelveli District, Tirunelveli
The Assistant Director, Department of Geology and Mining, Tirunelveli District
The Revenue Divisional Officer, Cheranmahadevi Revenue Division, Cheranmahadevi Tirunelveli District
The Tahsildar, Nanguneri Tk., Nanguneri, Tirunelveli District
Sivasubbu
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
