Disposed¶42

S.Murugan, S/O. Sriyapillai v. the District Collector

Madras HC12 Jun 2025WP(MD)/7987/2017

Case brief

AI extract

What is this about?

Quarrying permission writ petition, Thoothukudi/Tuticorin; Vallanadu Blackbuck Sanctuary Eco-Sensitive Zone (10 km default declaration, Goa Foundation WP No.460/2004 Supreme Court); National Board for Wildlife clearance proposals pending with Conservator of Forests; transport permits under Mines and Minerals Construction Rule, 1959; SEIAA penal action under Environmental Protection Act, 1986; Certiorari sought against District Collector order dated 18.04.2017 (GM1/536/2016); disposed of without further adjudication, no costs, connected miscellaneous petitions closed.

What did the court decide?

Since no approval has been granted by the competent authorities, no quarrying operations shall be permitted in the subject property. ¶38

S.Murugan, S/O. Sriyapillai Vs the District… — Mining and Natural Resources | Madras HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether a Writ of Certiorari should issue to quash the impugned order dated 18.04.2017 in GM1/536/2016 passed by the 1st respondent. +1 more

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Court's answer

No further adjudication needs to be entertained in this writ petition; accordingly it stands disposed of without costs and the connected miscellaneous petitions are closed (certiorari not granted).

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Ratio / Principle

Since no approval has been granted by the competent authorities, no quarrying operations shall be permitted in the subject property.

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Detailed headnote1 paragraphs

W.P(MD)No.7987 of 2017, Madurai Bench of Madras High Court, 12.06.2025 (coram: S.M.Subramaniam J., author, and Dr.A.D.Maria Clete J.). Petitioner S.Murugan sought a Writ of Certiorari under Article 226 of the Constitution of India to quash the impugned order dated 18.04.2017 in GM1/536/2016 passed by the 1st respondent (District Collector, Thoothukudi District). The Court read paragraphs 6 and 7 of the counter-affidavit of the District Forest Officer, which recorded: quarry activities within the default 10 km Eco-Sensitive Zone radius (constituted with reference to WP No.460/2004 filed by Goa Foundation before the Hon'ble Supreme Court of India) must be taken into account; the Eco-Sensitive Zone notification for Vallanadu Blackbuck Sanctuary is under active consideration; wildlife-clearance proposals submitted to the National Board for Wildlife by respondents 11 and 16 were pending with the Conservator of Forests, while applications of other applicants (including the petitioner) awaited additional particulars from user agencies; transport-permit violations fall to the District Collector / Commissioner of Geology and Mining under the provisions of the Mines and Minerals Construction Rule, 1959, and the SEIAA can take penal action under the provisions of the Environmental Protection Act, 1986. HOLDING (S.M.Subramaniam J., order of the Court): since no approval had been granted by the competent authorities, no quarrying operations shall be permitted in the subject property; therefore no further adjudication needed to be entertained, the writ petition stood disposed of with no costs, and the connected miscellaneous petitions were closed. Certiorari was not issued.

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W.P(MD)No.7987 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.7987 of 2017 and WMP (MD) Nos.6172, 6173 of 2017

S.Murugan

... Petitioner

vs.

The District Collector, Thoothukudi District.

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The Assistant Director, Zoology and Mining, Tuticorin District, Tuticorin.

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The Chairman, Standing Committee of the National Board for Wildlife, Indian Varyavaram Bhavan, Jarbagh Road, New Delhi – 3.

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(R3 impleaded vide order dated 27.04.2017 in WMP(MD) No.6378/2017)

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1/6

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

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W.P(MD)No.7987 of 2017

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4.J.Rajajebadoss

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(R4 impleaded vide order dated 16.07.2019 in WMP (MD) No.8029 of 2019)

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned order dated 18.04.2017 in GM1/536/2016 passed by the 1st respondent and quash the same.

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For Petitioner : Mr.M.Veilkaniraju For R1 – R2 : Mr.P.Thilak Kumar Government Pleader For R3 : Notice not ready

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J.)

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The petitioner has filed the present writ petition challenging the impugned order dated 18.04.2017 passed by the first respondent.

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2. Paragraphs 6 and 7 of the counter-affidavit filed by the District Forest Officer, read as follows:

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2/6

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

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W.P(MD)No.7987 of 2017

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“6. It is respectfully submitted that any quarry activities within the radius of the 10 km (default declaration) of Eco Sensitive Zone notification constituted with reference to WP No.460/2004 filed by Goa Foundation before the Hon'ble Supreme Court of India to conserve the Wildlife may also be taken into account. The Eco Sensitive Zone notification for Vallanadu Blackbuck Sanctuary is under active consideration of this Department. The respondents namely Mr.Kathirkamaraj (Respondent No.16) V.V.Minerals (Respondent No.11) have submitted necessary proposal for obtaining wildlife clearance from the National Board for Wildlife have been submitted to the District Forest Officer/Conservator of Forests and Principal Chief Conservator of Forests and Chief Wildlife Warden, now the proposals are submitted by the respondent No.11 and 16 are pending with Conservator of Forests. In respect of other applications

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

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W.P(MD)No.7987 of 2017

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submitted by 1.Mr.S.Shanmugavel, 2.Mr.S.Murugan, 3.Mr.Sutharsan, and 4.T.Vijay the same is pending with

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User Agency for furnishing of additional particulars.

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7. It is respectfully submitted that issuance of

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transport permits for the quarried materials under the provisions of Mines and Minerals Construction Rule, 1959 and if there is any violation noticed the District Collector, Commissioner of Geology and Mining are empowered to handle the issue. On the other hand if there is any violation noticed in the issuance of Environmental Clearance or any deviation of conditions by the applicants the SEIAA can institute penal action under the provisions of Environmental Protection Act, 1986.”

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3. Since there is no approval granted by the competent authorities, no quarrying operations shall be permitted in the subject property. Therefore, no further adjudication needs to be entertained in this writ petition. Accordingly, this

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

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W.P(MD)No.7987 of 2017

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writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

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[S.M.S.,J.] & [A.D.M.C.,J.] 12.06.2025 NCC : Yes / No 3/3 Index : Yes / No Internet : Yes PKN

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