Madras High Court
M/S.Ultra Readymix Concrete vs The Commissioner Of Geology & Mining on 14 June, 2016
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
In the High Court of Judicature at Madras Dated : 14.6.2016 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.12055 of 2016 & WMP.No.10423 of 2016 M/s.Ultra Readymix Concrete (P) Ltd. rep by its Managing Director S.Sivasamy ...Petitioner Vs 1.The Commissioner of Geology & Mining, Department of Geology and Mining Thiru Vi Ka Industrial Estate, Guindy, Chennai-32 2.The Director of Town & Country Planning, Chennai-2. 3.The District Collector, Coimbatore District, Coimbatore. 4.The Deputy Director of Town & Country Planning (Coimbatore Region), Corporation Commercial Complex, Dr.Nanjappa Road, Coimbatore-18. 5.The Deputy Director, Department of Geology and Mining, Coimbatore. 6.The Member Secretary, Coimbatore Local Planning Authority, Corporation Commercial Complex, Sivanantha Colony, Coimbatore-12. 7.The Executive Officer, Chettipalayam Town Panchayat, Chettipalayam, Coimbatore-641201. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 7 herein not to permit formation of any layout and any kind of construction in the lands situated just next to and within 300 Mts from the petitioner's stone quarries in S.F.Nos.196/1 to 5 and S.F.Nos.197/1 to 3, situated at No.72, Orattukuppai Village, Madhukkarai Taluk, Coimbatore District, for which, lease was granted for the period between 22.1.2016 and 21.1.2021 by the third respondent in Rc.No.620/2014/Mines dated 22.1.2016 under Rules 19(1) and 20 of Tamil Nadu Minor Mineral Concession Rules, 1959. For Petitioner : Mr.V.P.Sengottuvel For Respondents 1 to 5 : Mr.R.Lakshmi Narayanan, AGP For Respondents 6 & 7 : Mr.P.S.Sivashanmuga Sundaram ORDER
Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner has filed this writ petition praying for a direction to the respondents not to permit formation of any housing layout or permit any construction in the lands situated next to and within 300 meters from the petitioner's stone quarry in the survey field numbers, for which, the petitioner has been granted lease by the District Collector for a period upto 21.1.2021.
3. From the proceedings of the District Collector dated 22.1.2016, it is seen that the petitioner invited a report from the Revenue Divisional Officer, Coimbatore as regards the land available and the Revenue Divisional Officer, by proceedings dated 7.10.2014, reported that there is no habitation area natham and approved layouts within a radius of 300 meters from the said site. This report was taken note of by the District Collector and after ordering full inspection through the Deputy Director (In-Charge), Geology and Mining, Coimbatore, after taking note of his inspection report dated 29.10.2014 and after considering all other issues, the District Collector had granted the lease in favour of the petitioner for a period of five years, which is valid upto 21.1.2021.
4. The petitioner had approached this Court with a reasonable apprehension that the Planning Authorities namely respondents 2, 4 and 6 would grant approval of housing layouts, which would fall within the jurisdiction of the seventh respondent. Therefore, the petitioner has filed the above writ petition.
5. The matter was adjourned to enable the respondents to get instructions as to whether the respondents have granted any permission for developing housing layout and whether there are houses, which have been assessed to tax. The learned counsel for the seventh respondent has produced written instructions from the seventh respondent dated 7.6.2016, which reads as follows :
"e.f.vz;:151/2016 ehs; : 7.6.2016 ma;ah> nghUs; : tof;F - NfhaKj;J}h; khtl;lk; - nrl;b ghisak; ng&uhl;rp - my;l;uh nubkpf;]; gpiuNtl; epWtdk; tof;F njhlh;ghf tpsf;fk; Nfhug;gl;lJ - mwpf;if rkh;g;gpj;jy; - njhlh;ghf. ghh;it : 1) nrd;id cah;ePjpkd;w tof;F vz; :
(W.P.No.12055 of 2016)
2) jq;fsJ fbj ehs; 6.4.2016
3) ,t;tYtyf thpt#yh; mwpf;if ehs;
25.5.2016
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Nfhit khtl;lk; nrl;bghisak; Ng&uhl;rp gFjpapy; cs;s my;l;uh nubkpf;]; gpiuNtl; vd;w epWtdj;ijr; Rw;wp 300 kPl;lh; gFjpf;Fs; vt;tpj fl;blKk; fl;lg;gltpy;iy vd;W ghh;it 3y; fhZk; ,t;tYtyf thpt#yhpd; Ma;twpf;ifapd; %yk; njhpatUfpwJ. vdNt> ,g;Ng&uhl;rpapd; %yk; fl;bl tiugl mDkjp toq;fNth> thptpjpg;G nra;ag;glNth ,y;iy vDk; tpguj;jpid md;Gld; njhptpj;Jf; nfhs;fpNwd;.
(xg;gk;) nray; mYtyh;
nrl;bghisak; Ng&uhl;rp NfhaKj;J}h; khtl;lk;"
6. From the above, it is clear that there is no layout permission accorded nor a layout has been developed nor house tax has been levied on any property within the radius of 300 meters from the petitioner's quarry. Therefore, the petitioner need not have any apprehension in this regard and the seventh respondent cannot grant any permission for layout or levy house tax in respect of any property within 300 meter radius from the petitioner's quarry till the expiry of the lease period i.e. 21.1.2021. Likewise, the Planning Authorities namely respondents 2, 4 and 4 also cannot entertain any application for planning permission within the prescribed distance. In the light of the above facts, the District Collector considered all aspects, decided the matter and disposed it of.
7. With the above observations, the writ petition is disposed of. No costs. Consequently, the above WMP is closed.
14.6.2016 Internet : Yes To
1.The Commissioner of Geology & Mining, Department of Geology and Mining Thiru Vi Ka Industrial Estate, Guindy, Chennai-32
2.The Director of Town & Country Planning, Chennai-2.
3.The District Collector, Coimbatore District, Coimbatore.
4.The Deputy Director of Town & Country Planning (Coimbatore Region), Corporation Commercial Complex, Dr.Nanjappa Road, Coimbatore-18.
5.The Deputy Director, Department of Geology and Mining, Coimbatore.
6.The Member Secretary, Coimbatore Local Planning Authority, Corporation Commercial Complex, Sivanantha Colony, Coimbatore-12.
7.The Executive Officer, Chettipalayam Town Panchayat, Chettipalayam, Coimbatore-641201.
RS T.S.SIVAGNANAM,J RS WP.No.12055 of 2016& WMP.No.10423 of 2016 14.6.2016