W.P(MD)No.1839 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.1839 of 2025 and WMP(MD)Nos.1319 to 1321 of 2025 V.Kamaraj ... Petitioner Vs. 1. District Collector, Virudhunagar District, Virudhunagar. 2. Assistant Director, Department of Geology and Mines, Virudhunagar District. 3. District Revenue Officer, Aruppukottai, Virudhunagar District. 4. Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 5. M/s.Sri Sai Saraa Fireworks, Represented by its Proprietor Valarmathi, Door No.3/74, Kottanatham Village, R.R.Nagar, Virudhunagar. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent herein leading to issuance of impugned order dated 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.1839 of 2025 12.08.2023 vide Ni.Mu.E4/30799/2022 in favour of the 3rd respondent and to quash the same and consequentially, to forbear the 3rd respondent from granting any further approval in favour of the 5th respondent to construct a fireworks factory within 300 meters distance from existing stone quarry of the petitioner comprised in S.No.333/1 situated at Enndapuli Village, Virudhunagar District. For Petitioner : Mr.K.M.C.Arunmokan For R1 to R4 : Mr.M.Lingadurai Special Government Pleader For R5 : Mr.M.Solaisamy ***** ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash impugned order dated 12.08.2023 vide Ni.Mu.E4/30799/2022 in favour of the 3rd respondent and consequentially, to forbear the 3rd respondent from granting any further approval in favour of the 5th respondent to construct a fireworks factory within 300 meters distance from existing stone quarry of the petitioner comprised in S.No.333/1 situated at Enndapuli Village, Virudhunagar District. 2.The contention of the petitioner is that he was granted license on 31-10-2022 for a period of 5 years and is eligible for extension for 5 more years. While the license is subsisting, the official respondents has granted license to the 5th respondent to put up fireworks, which is prejudicing his right to quarry. According to the Mines and Minerals Act, any layout or building or any other 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.1839 of 2025 activity apart their quarry can be established beyond 300 meters. The 5th respondent has put up the said fireworks factory at a distance of 265 meters from the petitioner's quarry. Therefore, the petitioner is seeking to forbear the 5th respondent from establishing fireworks. 3.The Learned Counsel appearing for the 5th respondent submitted that the said fireworks is beyond 300 meters, especially, the building is situated 326 meters away from the quarry. The same is confirmed by the official respondents in their proceedings, dated 05-06-2025, wherein the 2nd respondent has clearly stated that the quarry is in existence beyond 300 meters. 4.However, the Learned Counsel appearing for the petitioner contended that at the time of renewal, the official respondents would object by citing the distance, which is only 265 meters. 5.This Court is of the considered opinion that it is an admitted fact that the fencing of the factory is situated in 265 meters. However, the building is situated in 326 meters which is a safe zone. The petitioner cannot apprehend that the license will be cancelled, because fencing of the factory is situated in 265 meters. If the petitioner is submitting any renewal application, the official respondents are restrained from rejecting the renewal by citing the distance, 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.1839 of 2025 because it is concluded that the fireworks factory is situated at 326 meters. The 5th respondent is restrained from putting up any construction in between the 265 meter to 326 meter and the petitioner is restrained from quarrying beyond the limited place which is granted under the license. 6.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 04.07.2025 Index : Yes / No Internet : Yes Tmg 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.1839 of 2025 To: 1. District Collector, Virudhunagar District, Virudhunagar. 2. Assistant Director, Department of Geology and Mines, Virudhunagar District. 3. District Revenue Officer, Aruppukottai, Virudhunagar District. 4. Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.1839 of 2025 S.SRIMATHY , J. Tmg ORDER MADE IN W.P(MD)No.1839 of 2025 DATED : 04.07.2025 6/6 https://www.mhc.tn.gov.in/judis