Madras High Court
P.Parthiban vs The District Collector on 25 June, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25/6/2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.14250 of 2019
P.Parthiban ... Petitioner
Vs
1. The District Collector
Thiruvannamalai District.
2. Tamil Nadu Pollution Control Board
rep. By its District Environmental engineer
Tamil Nadu Pollution Control
No.541/P Ashok Nagar, Vengikal
Thiruvannamalai 606 604.
3. The Assistant Director of Geology
and Mines Department
Thiruvannamalai District.
4. B. Deenan ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, issuance of a writ of mandamus, directing the respondents 1 to 3
to take action against the fourth respondent in respect of the illegal
mining activities carried Ezhacheri village, situated in S.Nos.25/2 and
65/6 situated within Cheiyar Taluk, Thiruvannamalai District.
http://www.judis.nic.in
2
For Petitioner ... Mr.A.Prabhakaran
For Respondents ... Mr.E.Manoharan
Additional Government Pleader
for R.R.1 to 3.
-----
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Instant writ petition has been filed, to direct the respondents 1 to 3, to take action against the fourth respondent, in respect of the illegal mining activities carried at Ezhacheri Village, situated in S.No.25/2 and 65/6, situated within Cheiyar Tauk, Tiruvannamalai District.
2. On 4/6/2019, we passed the following order:-
“Instant writ petition has been filed to direct the respondents 1 to 3, to take action against the fourth respondent, in respect of the illegal mining activities carried at Ezhacheri Village, situated in S.No.25/2 and 65/6, situated within Cheiyar Tauk, Tiruvannamalai District.
2. Petitioner has contended that in spite of closure notice issued for mining activity, in S.No.25/2, still fourth respondent is carrying on mining activity, in the above said survey number.
Petitioner has also contended that with the aid of licence granted in S.Nos.65/4, 65/5, 65/7, 65/8A and 66/4, fourth respondent is carrying on mining operation in S.No.65/6, for which no licence is http://www.judis.nic.in granted.
33. Mr.E.Manoharan, learned Additional Government Pleader is directed to ascertain the above said averment and revert.
4. Post on 7/6/2019 in the motion list.”
3. On 7/6/2019, we passed the following order:-
“2. On instructions, Mr.E.Manoharan, learned Additional Government Pleader, submitted that vide proceedings in R.C.No.78/Mines/2014, dated 20.07.2018, District Collector, Thiruvannamalai District, has granted quarrying rights/lease in Patta S.No.65/6 measuring 0.95.5 hectare, for a period of five years. As there is a valid lease to quarry, averments to the contrary made in the supporting affidavit that Mr.B.Deenan/respondent No.4, is illegally quarrying in S.No.65/6, is in correct.
3. In support of the above contention, learned Additional Government Pleader, produced the copy of the proceedings, granting lease, in R.C.No.78/Mines/2014, dated 20.07.2018 of the District Collector, Thiruvannamalai District.
4. We have perused the above.
5. As rightly pointed out by the learned Additional Government Pleader, contention of the petitioner that there is illegal quarrying in S.No.65/6, is incorrect and liable to be rejected. However, Mr.E.Manoharan, learned Additional Government Pleader, submitted that in respect of alleged illegal quarrying in S.No.25/2, Ezhucheri Village, Cheyar Taluk, Thiruvannamalai District, even after the expiry of the lease http://www.judis.nic.in 4 period, there are no instructions. However, he has instructed the officials to make personal inspection and submit a report by 17.06.2019.
6. Post the matter on 17.06.2019, in the motion list, for submission of the inspection report, in respect of S.No.25/2, Ezhucheri Village, Cheyar Taluk, Thiruvannamalai District.”
4. The District Collector, Tiruvannamalai District, has filed a status report, dated 25/6/2019, which reads thus:-
“2. I submit that, 2 No. of quarry leases have been granted to one Thiru.B.Deenan, S/o. Baby Reddiar, herein fourth respondent to quarry rough stone in his own patta lands one in S.F.No.25/2 over an extent 1.00.5 hects., Elachery village, Cheyyar Taluk for a period of five years from 19/3/200 to 18/3/2015 vide District Collector's proceedings RC.No.38/Kanimam-2/2010 dated 19/3/2010 and it was expired on 18/3/2015 and the other in SF.No.65/6 over an extent 0.95.5 hects., of the same village vide proceedings RC.No.78/Kanimam/2014 dated 20/7/2018 till 1/3/2021 and it is in currency.
3. Both the leased out areas viz., SF No.25//2 and S.F.No.65/6 are abutting with one another i.e, S.F.No.25/2 situated on northern side and SF.No.65/6 on southern side.
4. In the lease deed executed for quarrying in SF.No.25/2 vide proceedings RC.No.38/Kanimam-2/2010 http://www.judis.nic.in dated 19/3/2010 various conditions including condition 5 No.10 i.e., no working should be made within a distance of 7.5 m of the permitted area. Accordingly, the lessee/fourth respondent has carried out quarrying operation till the expiry of the lease period i.e., upto 18/3/2015 without any violation.
5. In the lease granting order vide RC.No.78/Kanimam/2014 dated 20/7/2014 for quarrying rough stone in SF.No.65/6, various conditions were imposed. Among the conditions, condition No.1 specifically stated that “a safety distance of 7.5 meters has to be provided to the adjoining patta lands. As of, the fourth respondent has carrying quarrying operation in S.F.No.65/6 and transported the quarried material after obtaining necessary dispatch slips from the Assistant Director of Geology and Mining as and when required on payment of required seigniorage to the Government.
6. As the situation is of, one Thiru.P.Parthiban, S/o.Perumal has filed a writ petition before the Hon'ble High Court in W.P.No.14250 of 2019 with a prayer to issue a writ of mandamus directing the respondents 1 to 3 to take action against the fourth respondent in respect of the illegal mining activities carried at Ezhacheri village, situated in S.F.No.25/2 and 65/6 within Cheyyar Taluk.
7. Regards with this writ petition, the Hon'ble Court in its order dated 7/6/2019 have ordered as follows after hearing the submission of Additional Government Pleader.
http://www.judis.nic.in ...”As rightly pointed out by the learned 6 Additional Government Pleader, contention of the petitioner that there is illegal quarrying in SF.No.65/6, is incorrect, and liable to be rejected. However, Mr.E.Manoharan, learned Additional Government Pleader, submitted that in respect of alleged illegal quarrying in SF.No.25/2, Ezhucheri village, Cheyar Taluk, Thiruvannamalai District, even after expiry of the lease period, there are no instructions. However, he has instructed the officials to make personal inspection and submit a report by 17/6/2019 and posted the matter for the submission of the inspection report, in respect of S.F.No.25/2 Ezhacheri village, Cheyyar Taluk, Tiruvannamalai District.”.....
8. In obedience to the Hon'ble Court order a committee have been constituted vide Lr.Rc.No.379/Kanimam/2019 dated 10/6/2019 headed by Revenue Divisional Officer, Cheyyar comprising Assistant Director (Survey) Tiruvannamalai and Assistant Director of Geology and Mining, Tiruvannamalai with a direction to inspect the subject alleged illegal quarrying in S.F.No.25/2 Ezhacheri village, Cheyyar Taluk and report. As directed the Committee have jointly inspected the alleged S.F.No.25/2 on 13/6/2019 and submitted their inspection report.
9. From the join inspection report, it is ascertained that the fourth respondent has carried out the quarrying operation in the current leased out area i.e., in S.F.No.65/6 without providing the safety distance to the abutting patta land (lease expired quarry) of SF.No.25/2 by violating the http://www.judis.nic.in condition No.1 of the lease granting order and also carried 7 out quarrying operation by way of illegal encroachment into the lease expired quarry of S.F.No.25/2 to an extent of 636 square meter to an average depth of 12m from the ground level (7.5 m breadth x 84.8 m length x 12 m depth). As such, the fourth respondent has unauthorisedly/illegally quarried and transported 7632 cubic meter of rough stone from the lease expired quarry in S.F.No.25/2.
10. It is learnt that the lessee/fourth respondent has violated the lease granting order conditions No.1 of Proceedings in R.C.No.78/kanimam/2014 dated 20/7/2014 by non providing of 7.5 m safety distance to the abutting patta lands.
11. It is also learnt that he has also illegally/unauthorisedly encroached the abutting lease expired quarry in S.F.No.25/2 and carried out quarrying operation and illegally/unauthorisedly transported a tune of 7632 cubic meter of rough stone by misusing the current lease permit. As such, the fourth respondent has contravenes the sub-section (1) and (1A) of Section 4 of Mines and Minerals (Development and Regulation) Act, 1957.
12. Since the fourth respondent i.e., lessee of stone quarry lease in S.F.No.65/6 has violated the conditions imposed in the lease granting order by means of non- providing of safety distance to the abutting lease expired quarry and also contravene the sub-Section (1) and (1 A) of Section 4 of Mines and Mineral (Development and Regulation) Act, 1957, a notice has been issued to the http://www.judis.nic.in fourth respondent/lessee Thiru.B.Deenan vide 8 RC.No.379/kanimam/2019 dated 20/6/2019 directed to show cause why the lease granted for quarrying rough stone in S.F.No.65/6 vide R.C.No.78/kanimam/2014 dated 20/7/2014 should not be cancelled for the reasoning of violation of conditions imposed in the lease granting order and also explain why action should not take against you under Section 21 (5) of Mines and Mineral (Development and Regulation) Act, 1957 for the contravention of sub-Section (1) and (1A) of Section 4 of Mines and Mineral (Development and Regulation) Act, 1957 is pending.
13. After obtaining the explanation from the fourth respondent Thiru B.Deenan on the above show cause notice, necessary action shall be initiated against him in strict adherence with the prevailing Act and Rule provisions.
14. Since necessary action has been initiated against the fourth respondent for the violation and contravention of act and Rules in consequent to the order of the Hon'ble Court, dated 7/6/2019.”
5. Show cause notice, dated 20/6/2019, issued to Mr.B.Deenan, fourth respondent, Chennai, calling for explanation, reads thus:-
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6. In addition to the above, Mr.E.Manoharan, learned Additional Government Pleader submitted that on receipt of the show cause notice, dated 20/6/2019, the fourth respondent has sought for fifteen days time, http://www.judis.nic.in 11 to submit his explanation.
7. From the status report, it could be seen that the fourth respondent has indulged in illegal quarrying, in S.No.25/2 and transported 7632 cubic meters of rough stone, which according to the learned Additional Government Pleader would be approximately Rs.40 lakhs.
8. Action has been taken pursuant to the directions issued. Fourth respondent has to submit his explanation and final orders have to be passed by the District Collector, Tiruvannamalai District, Tiruvannamalai.
Learned Additional Government Pleader seeks three weeks time, from the date of receipt of the explanation, for passing final orders, in the enquiry initiated. Submission of learned Additional Government Pleader is placed on record.
9. The District Collector, Tiruvannamalai District, is directed to pass orders, in accordance with the Mines and Minerals Rules, 1962 and government orders passed from time to time, regarding illegal quarrying of mines, in Proceedings No.379/kanimam/2019, within a period of three weeks, from the date of receipt of explanation, but not later than 6th August 2019.
http://www.judis.nic.in 12
10. With the above direction, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
11. Post on 8/8/2019, for compliance.
(S.M.K.,J) (S.P.,J) 25th June 2019 mvs.
Index: Yes / No Internet: Yes/No Note: Issue order copy on 28th June 2019 To
1. The District Collector http://www.judis.nic.in 13 Thiruvannamalai District.
2. District Environmental engineer Tamil Nadu Pollution Control Board Tamil Nadu Pollution Control No.541/P Ashok Nagar, Vengikal Thiruvannamalai 606 604.
3. The Assistant Director of Geology and Mines Department Thiruvannamalai District.
http://www.judis.nic.in 14 S.MANIKUMAR, J AND SUBRAMONIUM PRASAD, J mvs.
W.P.No.14250 of 201925/6/2019 http://www.judis.nic.in