W.P.(MD) No.4695 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.02.2024
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P.(MD) No.4695 of 2024
and
W.M.P.(MD) No.4530 of 2024
S.Shenbagavalli ... Petitioner
-vs-
1.The District Collector
Office of the District Collector
Trichy
2.The Assistant Director
Geology, Mines and Minerals Department
District Collectorate Complex
Trichy
3.The District Environmental Engineer
Tamil Nadu Pollution Control Board
Thuvvakudi
Trichy ... Respondents
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W.P.(MD) No.4695 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus forbearing the respondents herein from in any manner
allowing anyone to conduct the quarry operations in the property comprised in
S.No.166, situated nearby 57th Ward, Edamalaipatti Pudur, Trichy District,
based on the petitioner's representation dated 27.01.2024, within the time
stipulated by this Court.
For Petitioner : Mr.B.Jameel Arasu
For Respondents : Mr.P.Thilakkumar
Government Pleader for R1 & R2
Ms.M.Sudha Rani
for Ms.Vijayakumari Natarajan
Standing Counsel for R3
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
Heard Mr.B.Jameel Arasu, learned counsel for the petitioner,
Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 & 2 and
Ms.M.Sudha Rani, learned counsel representing Ms.Vijayakumari Natarajan,
learned Standing Counsel for the third respondent.
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W.P.(MD) No.4695 of 2024
2. Learned counsel for the petitioner submits that stone quarrying
operation is going on since twenty days. The petitioner is not aware of the
person, who is carrying on the stone quarrying operation. The same is at the
distance of 30 Feet from the house of the petitioner. The same is endangering
the lives of the petitioner and the nearby residents. Pollution is caused.
3. Learned Standing Counsel for the third respondent / Pollution
Control Board submits that the environmental clearance has been obtained
and thereafter, consent to operate is also issued.
4. Learned Government Pleader for the respondents 1 & 2 submits
that after complying with all formalities, licence has been issued to one
J.Bosco Arokiaraj, on 04.01.2024. No illegality is committed. It is submitted
that in the nearby locality, only the employees of the said stone quarrying firm
reside and there is no residential habitation in the nearby vicinity.
5. The above fact is disputed by the learned counsel for the
petitioner.
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W.P.(MD) No.4695 of 2024
6. In case the petitioner is aggrieved and according to the
petitioner, the same is being carried on illegally, then the petitioner will have
to challenge the consent to operate or the licence issued in favour of the said
person.
7. In light of that, the writ petition is disposed of. The petitioner is
at liberty to assail the permission granted for quarrying, as may be
permissible under law. No costs. Consequently, connected miscellaneous
petition is closed.
[S.V.G., C.J.] [P.D.B., J.]
29.02.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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W.P.(MD) No.4695 of 2024
To:
1.The District Collector,
Office of the District Collector,
Trichy.
2.The Assistant Director,
Geology, Mines and Minerals Department,
District Collectorate Complex,
Trichy.
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W.P.(MD) No.4695 of 2024
THE HONOURABLE CHIEF JUSTICE
and
P.DHANABAL , J .
krk
W.P.(MD) No.4695 of 2024
and
W.M.P.(MD) No.4530 of 2024
29.02.2024
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