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Karuppasamy Vs The Director — Environment and Pollution | Madras HC (2024)

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Madras HC
2024
Karuppasamy Vs The DirectorKaruppasamy v. The Director

Disposed

Karuppasamy v. The Director

Madras HC14 Oct 2024WP(MD)/12489/2023

Case brief

AI extract

What is this about?

Petitioner questioned illegal mining by 6th respondent. Court disposed petition as mining stopped and lease expired after Collector affidavit.

What did the court decide?

Petition closed with no order as to costs.

What the court decided

AI extract

A

W.P.(MD)No.12489 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.12489 of 2023 and

W.M.P.(MD)No.19987 of 2024

Karuppasamy ... Petitioner

-vs-

1.The Director, Department of Geology and Mines, O/o. the Department of Geology and Mines,

Alanthur Road,

Guindy Industrial Estate, Chennai-600 032.

2.The Assistant Director, Department of Geology and Mines, O/o the Department of Geology and Mines,

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ application for mandamus to stop illegal mining needs to be disposed of since alleged activities ceased.

Parties & counsel

AI extract

petitioner
Karuppasamy
respondent
The Director, Department of Geology and Mines
respondent
VNP.Gomathi Sankaranarayanan

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 14 Oct 2024 · October
Registered: 23 May 2023
Case no.: WP(MD)/12489/2023

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Cite this judgement

Karuppasamy v. The Director, WP(MD)/12489/2023 (MAD), decided on 14 October 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R. Subramaniam and L. Victoria Gowri

Parties & counsel

Outcome

Petition closed with no order as to costs.

Issue for consideration

Whether the writ application for mandamus to stop illegal mining needs to be disposed of since alleged activities ceased.

Detailed headnote1 paragraphs

Writ petition for mandamus to direct respondents to consider representation and prevent illegal mining. Court accepted affidavit that quarrying occurred in safety zone causing penalty, mining stopped, and lease expired. Petition closed with no order on costs.

A compact analysis

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.

Virudhunagar, Virudhunagar District.

3.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur,

Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk Office, Virudhunagar District.

6.VNP.Gomathi Sankaranarayanan ...Respondents

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

Page 1 of 4

W.P.(MD)No.12489 of 2023

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 09.02.2023 within the time stipulated by this Court and thereby prevent the illegal mining activities committed by the 6^th respondent.

For Petitioner : Mr.M.Arikaran For R-1 to R-5 : Mr.R.Baskaran, Additional Advocate General, Assisted by, Mr.P.Thilak Kumar, Government Pleader For R-6 : Mr.V.Balasubramanian Advocate Commissioner : Mr.M.Arun Srivastava

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.]

The prayer in the writ petition reads as follows:

“ To issue a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 09.02.2023 within the time stipulated by this Court and thereby prevent the illegal mining activities committed by the 6^th respondent.”

Mr.V.P.Jeyaseelan, I.A.S., the District Collector, Virudhunagar, who is present in person, has filed an affidavit stating that the 6^th respondent in the writ petition had quarried rough stones in the safety zone which would also amount to illegal mining activity attracting penalty proceedings. A copy of the order of the District Collector dated 13.09.2024 has also been placed before us, in and by which, a penalty has also been levied on the 6^th respondent for mining within the https://www.mhc.tn.gov.in/judis safety zone and also mining block stones instead of rough stones. It is also stated Page 2 of 4

W.P.(MD)No.12489 of 2023

that the period of the lease is over and no further mining activity is being conducted in the area.

Accepting the affidavit filed by the District Collector, Virudhunagar, the Writ Petition is closed, since the mining activity has been stopped and the period of lease has also expired. There shall be no order as to costs.

[R.S.M., J.] [L.V.G., J.] 14.10.2024

NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The Director, Department of Geology and Mines, O/o. the Department of Geology and Mines, Alanthur Road, Guindy Industrial Estate, Chennai-600 032.

2.The Assistant Director, Department of Geology and Mines, O/o the Department of Geology and Mines, Virudhunagar, Virudhunagar District.

3.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Sattur, Virudhunagar District. 5.The Tahsildar, Rajapalayam Taluk Office, https://www.mhc.tn.gov.in/judis Virudhunagar District.

Page 3 of 4

W.P.(MD)No.12489 of 2023 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

Sml

W.P.(MD)No.12489 of 2023

14.10.2024

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

Page 4 of 4

R. Subramaniam

L. Victoria Gowri

CNR

HCMD010574612023

Topic

Environment and Pollution

Bench

R. Subramanian L.victoria Gowri

Disposal

CLOSED

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