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2025 DAILYLAW 40543 (MAD)

SRI KURINJI MINERALS v. THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT

WP/11797/2025 · 2025-04-03

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.11797 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.11797 of 2025 and WMP.Nos.13359 & 13361 of 2025 SRII KURINJI MINERALS Rep.by its Managing Partner Mr.P.Ramachandran D.No.17, Appasamy Naidu Street Kaveripattinam, Krishnagiri District 635 112. ... Petitioner Vs. 1.The Additional Chief Secretary to the Government Natural Resources (MMA 2) Department Secretariat, Chennai, 600 009. 2.The Commissioner Geology and Mining Chennai 600 032. 3.The District Collector Namakkal District Namakkal 637 003. 4.The Assistant Director of Geology and Mining Department Collectorate, Namakkal 637 003. ...Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in G.O.Ms.No.16, Natural Resources (MMA-2) Department, dated 14.06.2024 to quash the same and to issue consequential direction, to the first respondent to grant prospecting Licence to the petitioner for the Rocks, Norite, Troctolite, Gabbro, Lunar rocks and Soil etc., over an extent of 3 sq.kms (223.39.80 hectares) of Government Poramboke Land in S.F.Nos.32, 33-A, 33-B, 327, 329 etc., of Sithampoondi and Kunnamalai Village in ParamathiVelur Taluk and Namakkal District under Mineral (other than Atomic and Hydro Carbon Energy Minerals) Concession Rules 2016. For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.Stalin Abimanyu Additional Government Pleader ORDER 2/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 This Writ Petition is filed challenging the G.O.Ms.16, dated 14.06.2024. By the Government Order, the prospecting licence that is prayed for by the petitioner to map, to locate, Rocks, Norite, Troctolite, Gabbro, Lunar rocks and soil etc., are refused to the petitioner. 2. The case of the petitioner is that in an extent of 3 square kilometres (223.39.80 hectares) in Government Poramboke land in S.F.Nos.32, 33-A, 33-B, 327, 329 etc., of Sithampoondi and Kunnamalai Village in Paramathivelur Taluk and Namakkal District, these minerals are estimated to be available. In order to further exploit these resources, the first stage is to get a prospecting licence to locate the minerals and if only studies conducted, then the petitioner can apply for grant of quarrying licence and only at that circumstances, the procedure relating to tender has to be followed. Without considering any of the above, the impugned order has been passed. 3. On a perusal of the impugned order, when the petitioner has applied for prospecting licence, the same is rejected by accepting the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 recommendation of the Commissioner of Geology and Mining. The Commissioner of Geology and Mining has noted in his report, which is extracted in Clause (vii) of paragraph No.3, contained in the impugned order itself. vii. In letter third read above, GSI has furnished following remarks on the Reconnaissance permit application submitted by Tvi. Srii Kurinji Mines, Dharmapuri: (a) The proposed Village i.e., Sithampoondi and Kunnamaiai for the reconnaissance permit are failing well within the Tasampaiaiyam block of Sithampoondi Anorthosite Complex where reconnaissance survey (G4) for Platinum Group of Elements, Nickel and Chromite was already carried out by the GSI, Chennai for 100 Sq.km during the year 2006-09. (b)The Norite, Gabbro, Troctolite and Lunar rocks mentioned by the applicant in the reconnaissance permit were mapped as amphibolites and pyroxene granulite and Anorthositic rocks respectively by the GSI, Chennai during the reconnaissance survey. Subsequently, National Geochemical sampling for soil and stream was carried out during the year 2013-14 and covered an area of 756 Sq.km which includes the proposed area of Tv!.Srii Kurinji Mines. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 (c) It is also, mentioned that the general terms (Name) used in the application for mentioning rock / mineral was geologically identified as follows; a. Lunar rock refers to the Anorthositic rocks of the Sittampoondi area. b. Norite refers to the Orthopyroxene bearing gabbroic rock. c. Troctolite refers to the highly calcic plagioclase and olivine bearing gabbroic rock with little or no pyroxene. 4. Therefore, when the said area has been already given to the Geological Survey of India to conduct studies and when the studies are also made in respect of the said minerals which are stated by the petitioner are also mapped by the said Geological Survey of India and when the respondents authorities have exercised their discretion and denied the prospecting licence, I do not see any compelling reason to interfere in the impugned order. 5. Needless to mention that it will be open for the petitioner to seek the copy of the Geological Survey of India's report and participate in any future tenders that may be floated by the respondents. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 6. In view thereof, this Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petitions are closed. 03.04.2025 Neutral Citation : No dna To 1.The Additional Chief Secretary to the Government Natural Resources (MMA 2) Department Secretariat, Chennai, 600 009. 2.The Commissioner Geology and Mining Chennai 600 032. 3.The District Collector Namakkal District Namakkal 637 003. 4.The Assistant Director of Geology and Mining Department Collectorate, Namakkal 637 003. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 D.BHARATHA CHAKRAVARTHY , J. dna W.P.No.11797 of 2025 and WMP.Nos.13359 & 13361 of 2025 03.04.2025 7/8 https://www.mhc.tn.gov.in/judis W.P.No.11797 of 2025 8/8 https://www.mhc.tn.gov.in/judis