W.P(MD)No.21477 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.21477 of 2025 and W.M.P.(MD)Nos.16590 and 16592 of 2025 Niranjani Vijay ...Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Sub Collector, Periyakulam, Theni District. 3.The Assistant Director, Department of Geology and Mines, Theni. 4.The Tahsildar Andipatty Taluk, Theni District. ...Respondents 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 pertaining to 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 the impugned order made in Roc.No.4305/2025/A7 dated 09.07.2025 passed by the 2nd respondent and to quash the same. For Petitioner : Mr.Sri Charan Rangarajan, Senior Counsel for Mr. P.R.Prithiviraj For R1 to R4 : Mr.K.S.Selva Ganesan Additional Government Pleader ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorari, to quash the impugned penalty order dated 09.07.2025 passed by the 2nd respondent. 2. The learned Senior Counsel appearing for the petitioner submitted that, through the impugned order, the respondents relied on the report of the Assistant Director of Geology and Mining and the Global Survey Report to confirm the penalty order. The petitioner, in fact, submitted a written explanation specifically denying the allegations and stated as follows: ..... 'NkYk; ve;j xU xOq;fw;w eltbf;ifapYk; ehq;fs; <Lgltpy;iy kw;Wk; ntspapy; ve;j xU tpw;gidapYk; <Lgltpy;iy vq;fSila epyj;jpy; Fthhp nry;Yk; topfspy; kz; mhpg;G kw;Wk; Fop mjpfkhf cs;s ,lq;fspy; ehq;fs; rhp nra;J cs;Nshk; jtpu NtW Fthhp jtpu ve;j ,lq;fSf;Fk; nfhz;L 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 nry;ytpy;iy rhiy rPuikg;gpw;F kl;LNk gz;gLj;jp cs;Nshk; vd;gij ,f;fbjk; %yk; jho;ikAld; njhptpj;Jf;nfhs;fpNwd;. NkYk; ,J Nghd;w mwpahikapy; nra;ag;gl;l jtWfs; $l eilngwh tz;zk; ghh;j;Jf;nfhs;fpNwd;.' The same has not been considered, hence, the petitioner has filed the present writ petition. 3. The learned Additional Government pleader, however, vehemently objected for filing the present writ petition since the petitioner has already preferred an appeal against the impugned order and the same is pending before the Appellate authority. The petitioner cannot choose two forums simultaneously against the impugned order. He prays to dismiss the same. 4. Considering the facts of the case, this Court is of the considered opinion that preferring any remedy is a choice of the litigant. In the present case, the petitioner has preferred the present litigation since there is violation of principles of natural justice. The respondents has issued a show cause notice on 03.06.2025. The petitioner submitted an explanation, but without referring to the explanation and considering the plea of the petitioner, the respondents has rejected the claim of the petitioner, therefore violated the principles of natural justice. 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 5. Secondly, the learned Additional Government Pleader appearing for the respondents relied on the two reports, but the copy has not been served to the petitioner. This Court has already considered in a similar issue in W.P(MD)No.16776 of 2025 vide order dated 24.06.2025 has held us under: .... “3.On perusal of the the impugned order dated 27.05.2025, it is seen that the second respondent has conducted only drone survey and not physical survey. Further, the revenue survey was not conducted. The second respondent based on the field inspection report submitted by the third respondent/Assistant Director, Geology and Mining, Madurai, has imposed penalty. Even a copy of the field inspection report was not served to the petitioner. Initially, notice was issued to the petitioner but, the relevant documents were not issued to the petitioner. Therefore, there is a total violation of principles of natural justice. Hence, the impugned proceedings passed by the second respondent is liable to be quashed”. 6. In the present case also the above observation is applicable. The respondents has not provided the copy of the inspection report. Therefore, this Court is of the considered opinion that there is a violation of principles of natural justice. Therefore, this Court is inclined to quash the impugned order passed by the respondents. 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 7. The respondents has treated the same as an appeal. The same cannot be entertained at this point of time since the impugned order is liable to be quashed. 8. Accordingly, this Court is passing the following orders: (i) This writ petition is allowed. (ii) The impugned order, dated 09.07.2025 passed by the 2nd respondent is hereby quashed. (iii) The respondents are directed to conduct a physical survey and also a revenue survey in the presence of the petitioner within a period of four weeks from the date of receipt of a copy of the order. Upon completion of the surveys, the respondents shall issue the field inspection reports to the petitioner, and thereafter conduct an enquiry by affording the petitioner a personal hearing and pass appropriate orders. (iv) The entire exercise shall be completed within a period of twelve weeks, thereafter. (v) Since the penalty proceedings are different from the present inquiry, the respondents are directed to issue transit permit, as it pertains to a separate cause of action. 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 (vi) Further, as the petitioner holds a valid lease until the year 2032, the petitioner cannot be restrained from carrying on quarry operations. (vii) There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 To 1.The District Collector, Theni District, Theni. 2.The Sub Collector, Periyakulam, Theni District. 3.The Assistant Director, Department of Geology and Mines, Theni. 4.The Tahsildar Andipatty Taluk, Theni District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21477 of 2025 S.SRIMATHY , J. KSA ORDER MADE IN W.P(MD)No.21477 of 2025 DATED : 06.08.2025 8/8 https://www.mhc.tn.gov.in/judis