W.P(MD)No.21182 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 21182 of 2025 Karuppusamy ...Petitioner Vs. 1. The District Collector, District Collectorate, Dindigul District. 2. The District Revenue Officer, District Revenue Office, Dindigul District. 3. The Revenue Divisional Officer, Palani Revenue Divisional Office, Palani, Dindigul District. 4. The Assistant Director, Department of Geology and Mining, Dindigul District, Collectorate, Dindigul District. 5. The Tahsildar, Oddanchatram Taluk Office, Oddanchatram Taluk, Dindigul District. 6. The Block Development Officer, Thoppampatti Panchayat Union, Thoppampatti, Oddanchatram, Dindigul District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 7. The Panchayat President, Poosaripatti Panchayat, Oddanchatram Taluk, Dindigul District. 8. Karuppasamy ...Respondents PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant permission to use explosives for open well-digging work on the petitioner agricultural land in Survey No. 148/9, Poosaripatti village, Oddanchatram Taluk, Dindigul district, in accordance with the proposal submitted by the 4th Respondent dated 12.05.2025, by considering the petitioner representations dated 09.09.2024, 08.01.2025, and 09.06.2025, within such time as may be fixed by this Court. For Petitioner : Mr.C.Abdul Kalam Azad For Respondents : Mr.R.Ragavendran, Government Advocate, for R-1 to R-5 Mr.P.Thambidurai, Government Advocate, for R-6 & R-7 M/s.K.Vidya, for R-8 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to grant permission to use explosives for open well-digging work on the petitioner agricultural land in Survey No. 148/9, Poosaripatti village, Oddanchatram Taluk, Dindigul district, in accordance 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 with the proposal submitted by the 4th Respondent dated 12.05.2025, by considering the petitioner representations dated 09.09.2024, 08.01.2025, and 09.06.2025, within such time as may be fixed by this Court. 2. In order to ascertain the veracity of the complaint made by the petitioner, the 4th respondent was directed to file a report. The 4th respondent filed a report, wherein it is stated the revenue authorities are the appropriate authority for issuing such order to use the explosives on the land. But, it is seen the Assistant Director, Department of Geology and Mining is empowered under Explosives rules 2008. Under Rules 99, 107, 113 read with Schedule 4, (Part 1) and based on the above provisions, the 8th respondent application would be considered by the Mines Department. Subsequently, the said officer has also communicated to the Revenue officials and the Revenue officials has to consider the same as per Rule 107(5) Explosive Rules 2008, who is the appropriate authority to grant license for use the explosive on the land. Subsequently, the same officer has also clarified and passed a detailed order stating that the 8th respondent is directed to dig the earth until 25 metres alone. Aggrieved over the same, this writ petition is filed. 3. The contention of the 8th respondent is that the said place is not a dangerous place to use explosives. Further stated that by using non electric 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 detonator in controlled manner the earth can be digged and the stone can be excavated as well. 4. The learned counsel appearing for the 8th respondent submitted that the allegation that it is dangerous to dig based on the detonator is absolutely false. Moreover, there are several well situated in and around the place where it is digged until 70 meters. Therefore, the petitioner's contention is totally false and it is mere apprehension. 5. Even the learned counsel submitted that in case if there is any damage to the petitioner's property, the 8th respondent would undertake to compensate the same. The same is recorded. It is made clear that any damage, the government will not take any responsibility. 6. As per the certificate issued by the Rukmani Explosives who are the licensed explosive holder, the 8th respondent was permitted to use non electric detonator to excavate the well. For which, the 8th respondent relied on the certificate issued by the said Rukmani Explosives. The same is extracted hereunder: “jpz;Lf;fy; khtl;lk;> xl;ld;rj;jpuk; tl;lk;> jpUkiyfTz;ld;tyR> g+rhhpgl;b> ngUkhs;Nfhtpy; tyR 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 Chpy; trpf;Fk; Mapg;g fTz;lh; kfd; fUg;Grhkp fTz;lh;> mth;fSf;F g+rhhpgl;b fpuhkj;jpy; [SF No.148/9] cs;s epyj;jpy; Gjpa fpzW xd;W ntl;Lfpwhh;. ,e;j fpzW ntl;l Njitahd ntbnghUs;fs; ehq;fs; rg;is nra;J vq;fs; ntbitg;ghsiu itj;J ntb itj;J nfhLf;fpNwhk;. ehq;fs; ntb itj;J nfhLf;Fk; NghJ ve;jtpj mjph;Tk; tuhj tifapy; NON-ELECTRIC DETANATOR gad;gLj;jp ntb itj;Jf; nfhLf;fpNwhk;.” 7. Therefore, based on the above undertaking and the certificate issued by the licensed explosive holder, the 8th respondent is permitted to carry out the excavation with proper safety measures. The revenue officials are directed to issue the licence within a period of two weeks from the date of receipt of a copy of this order. It is made clear if there is a damage to petitioner's property the 8th respondent alone is liable and the petitioner cannot claim any damage from the Government. 8. Accordingly, the writ petition is disposed of. No Costs. 04.08.2025 NCC : Yes / No Internet : Yes KSA 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 To: 1. The District Collector, District Collectorate, Dindigul District. 2. The District Revenue Officer, District Revenue Office, Dindigul District. 3. The Revenue Divisional Officer, Palani Revenue Divisional Office, Palani, Dindigul District. 4. The Assistant Director, Department of Geology and Mining, Dindigul District, Collectorate, Dindigul District. 5. The Tahsildar, Oddanchatram Taluk Office, Oddanchatram Taluk, Dindigul District. 6. The Block Development Officer, Thoppampatti Panchayat Union, Thoppampatti, Oddanchatram, Dindigul District. 7. The Panchayat President, Poosaripatti Panchayat, Oddanchatram Taluk, Dindigul District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21182 of 2025 S.SRIMATHY , J. KSA ORDER MADE IN W.P(MD)No.21182 of 2025 DATED :04.08.2025 8/8 https://www.mhc.tn.gov.in/judis