POLLAPPAN, S/O.P.AIYALU SWAMY v. THE DIRECTOR OF GEOLOGY AND
WP(MD)/2309/2019 · 2025-07-07
A D Maria Clete, S M Subramaniam
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 135845 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135845 (MAD) · dailylaw.ai ]
Judgment text
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W.P.(MD)Nos.2309 of 2019 and 4767 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).Nos.2309 of 2019 and 4767 of 2018 and W.M.P(MD)Nos.1799 of 2019 and 4781 of 2018 W.P.(MD)No.2309 of 2019 Pollappan ... Petitioner -vs-
1. The Director of Geology and Mining, Industrial Estate, Guindy, Chennai. 2. The District Collector, Virudhunagar District, Virudhunagar. 3. The Assistant Director of Geology and Mining, Virudhunagar District Collector Office Campus, Virudhunagar. 4. The Tahsildar, Sivakasi, Virudhunagar District. 1/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018
5. Ramasamy
6. S. Ragupathi
7. P. Shanmugaraj
8. Sivaraman
9. K.Krishnamurthi
10. S.Ramaraj
11. S.Arumugam 12.T.Nellai Kumar, Manager, P.S.Ramasamy Telugu Minority Educational and Charitable Trust, 9E, N.P.S.N.Arumugam Road, Sivakasi, Virudhunagar District. (R12 is impleaded vide Court order dated 25.02.2021 in W.M.P(MD)No.15792 of 2020 in W.P.(MD)No.2309 of 2019 by CJ & RHJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents 1 to 4 to prevent illegal quarrying undertaken by the Respondents 5 to 11 in S.Nos. 39/3, 207/3A, 3 B, 2-9/1A, 209/1A, IB, 208/1,2, 3, 214/1, 38/3A2 and 3 B, 38/4,5,8, 9A, 39/1B, 2B, 196/1A, 197/1,3,5, 198/1,2,4,5, 206,207/1,2a, 2b, 38/6a, 41/2, 42,43/3,6 and 4 in Appaiya Nayakan Patti Village, Vempakottai Taluk, Virudhunagar District. 2/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018 For Petitioner : Mr.Cibi Chakraborthy For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 to R8 and R10 : Mr.V.Shathurthi Raja For R9 and R11 : Not ready in notice For R12 : Mr.E.Mareeskumar W.P.(MD)No.4767 of 2018 T.Nellai Kumar ... Petitioner -vs-
1. Union of India, Represented by the Secretary, Ministry of Environment and Forests, New Delhi. 2. The Government of Tamil Nadu, Represented by the Secretary, Department of Environment and Forests. Secretariat, Chennai. 3. The District Collector, Virudhunagar, Virudhunagar District. 4. The State Level Environment Impact Assessment Authority, Represented by its Chairman, 3rd Floor, Panagal Maaligai, No. 1, Jeenis Road, Saidapet, Chennai-15. 3/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018
5. The Assistant Director of Geology and Mining, Office of the Assistant Director of Geology and Mining, Virdhunagar District Collector Campus, Virdhunagar. 6. M/s Dhanalakshmi blue metals, Proprietor, Mr.Ramaswamy, Appaiya Nayakan Patti Panchayath, Virudhunagar District. 7. M/s Ragupathi Blue metals. Proprietor, Mr.S.Ragupathi, Appaiya Nayakan Patti Panchayath. Virudhunagar District. 8. M/s Krishna Blue metals, Proprietor, Mr.S.Arumugam, Appaiya Nayakan Patti Panchayath, Virudhunagar District. 9.
M/s Raj Blue metals, Proprietor, Mr.S.Ramaraj, Appaiya Nayakan Patti Panchayath, Virudhunagar District. 10. M/s Gomathi Stone metals, Proprietor, Mr.K.Krishnamurthi, Appaiya Nayakan Patti Panchayath. Virudhunagar District. 11. M/s Sivaraman Blue Metals, Proprietor, Mr.Sivaraman, Appaiya Nayakan Patti Panchayath, Virudhunagar District. 12. P. Shanmugaraj ... Respondents 4/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018 Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents 1 to 5 to prevent the illegal quarrying activities run by the respondents 6 to 12 in survey no 39/3,207/3A,3B,209/1A,209/1B,209/1A and 1B,208/1,2 and 3, 214/1,38/3A2 And 3B,38/4,5,8 and 9A,39/1B,39/2B,196/1a,197/1,3,and 5, 198/1,2,4 and 5, 206,207/1, 207/2a and 2b,38/6a,41/2,42,43/3,6 and 4 in Appaiya Nayakan Patti Village, Vempakottai Taluka, Virudhunagr District, adjacent to the petitioners college premises, endangering safety by considering the petitioner representation dated 17.01.2018. For Petitioner : Mr.E.Marees Kumar for M/s.Ajmal Associates For R1 : Mr.P.Paul Pandi For R2 to R5 : Mr.P.Thilak Kumar Government Pleader For R6 to R12 : Mr.V.Shathurthi Raja for Mr.K.Ramakrishna Reddy
ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) By this common order both the writ petitions are being disposed of.
2. The relief sought for in these writ petitions is to direct the respondents to prevent illegal quarrying.
3. The learned counsel appearing for the petitioners would submit that the license period expired. 5/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018
4. The learned Government Pleader appearing for the official respondents would submit that no quarrying operations are going on as of now, regarding illegal quarrying of excess minerals, the Advocate Commissioner appointed by this Court submitted a detailed report on
26.07.2021.
5. The official respondents are bound to look into the report, conduct an independent enquiry as contemplated under the Act and Rules and initiate appropriate actions to quantify the extent of illegal mining and impose penalty by following the procedures. As far as the continuance of quarrying operations is concerned, it is to be stopped forthwith and in the event of any further illegal quarrying, the competent authorities on receipt of information or complaint by any person is directed to initiate appropriate action including criminal prosecution under law. Regarding imposing of penalty for illegal quarrying of excess minerals, the authorities are directed to initiate action within a period of eight (8) weeks from the date of receipt of a copy of this order and complete the proceedings as expeditiously as possible. 6/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018
6. These writ petitions stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) (A.D.M.C., J.) 07.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To
1. The Director of Geology and Mining, Industrial Estate, Guindy, Chennai.
2. The District Collector, Virudhunagar District, Virudhunagar.
3. The Assistant Director of Geology and Mining, Virudhunagar District Collector Office Campus, Virudhunagar.
4. The Tahsildar, Sivakasi, Virudhunagar District. 7/8 https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.2309 of 2019 and 4767 of 2018 S.M.SUBRAMANIAM, J. and A.D.MARIA CLETE, J. rgm W.P(MD).Nos.2309 of 2019 and 4767 of 2018 and W.M.P(MD)Nos.1799 of 2019 and 4781 of 2018 07.07.2025 8/8 https://www.mhc.tn.gov.in/judis