Madras High Court
Poabs Granite Products (P) Ltd vs The District Collector on 4 June, 2021
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P(MD)No.9789 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.9789 of 2021
Poabs Granite Products (P) Ltd.,
Rep. by its Managing Director,
Mr.Joseph Jacob ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Kanyakumari.
2.The Assistant Director,
Department of Geology and Mining,
Collectorate,
Kanyakumari District. ... Respondent
Prayer :Writ Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus, directing the 1st respondent to permit the petitioner to
conduct Rough Stone/Jelly/M-Sand quarrying operation in petitioner's Patta land in
S.F.Nos.471/2 and 473 over an extent of 12.50.0 Ha in Kaliyal Village, Vilavancode
Taluk, Kanyakumari Distirct for a period of 23 months and 13 days for which the
petitioner was not permitted to quarry during the lease period accorded vide the
proceedings of the respondent in R.C.No.245(A)/G &M/2014, dated 01.06.20216 and
consequently, direct the 2nd respondent to issue transport permit to the petitioner for
the said period.
For Petitioner : Mr.K.Samidurai
For Respondents : Mr.P.Thilak Kumar,
Standing Counsel
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.9789 of 2021
ORDER
This Writ Petition has been filed by the petitioner praying to direct the 1st respondent to permit the petitioner to conduct stone quarrying operation in his Patta land, for non-operative period, for which, the petitioner was not permitted to quarry during the lease period, as per the permission granted and consequently, direct the 2nd respondent to issue transport permit to the petitioner for the said period.
2. The learned counsel appearing for the petitioner would submit that the petitioner was granted permission to conduct stone quarrying operation, by the 1st respondent, for his patta land, bearing S.F.Nos.471/2 and 473 over an extent of 12.50.0 Ha in Kaliyal Village, Vilavancode Taluk, Kanyakumari Distirct for a period of 23 months and 13 days for which the petitioner was not permitted to quarry during the lease period accorded vide the proceedings of the respondent in R.C.No.245(A)/G &M/2014, dated 01.06.20216 and consequently, direct the 2nd respondent to issue transport permit to the petitioner for the said period.
3. The learned counsel for the petitioner would further state that as per the permission granted, the petitioner started quarrying operation in his patta land. Before end of the lease period, the 1st respondent had temporarily stopped all the quarry operations on the ground that the quarry is situated within 10 kilometers to Kanyakumari Wildlife Sanctuary, and therefore, 'No Objection Certificate' from the https://www.mhc.tn.gov.in/judis/ 2/6 W.P(MD)No.9789 of 2021 National Wildlife Board is mandated. Thereafter, the Government of India, Ministry of Environment, Forest and Climate Change, vide Notification SC.3236, dated 22.09.2020, revised the stipulated zone of ECO-Sensitive area as 'Zero to Three Kilometers”. Pursuant to that, the respondents lifted the temporary suspension of the petitioner's quarry operation and permitted to continue the quarry operation.
4. It was further contended by the learned counsel for the petitioner that temporary suspension was lifted after after a period of around two years. The suspension order was passed by the 1st respondent, suspending the mining operation of the petitioner only on the ground that clearance from the Standing Committee of the National Board of Wild Life was not obtained by the petitioner. Subsequently, the 1st respondent revoked the earlier order of suspension on the ground that as per the Government of India in Ministry of Environment, Forest and Climate Change Notification SC.3236, dated 22.09.2020, the stipulated zone of ECO-Sensitive area had been revised as Zero to 3 kms. The petitioner was allowed to continue his quarry operation. Therefore, the learned counsel prays that the 1st respondent may be directed to permit the petitioner to conduct stone quarrying operation in his Patta land, for non-operative period, for which, the petitioner was not permitted to quarry during the lease period, as per the permission granted and consequently, direct the 2 nd respondent to issue transport permit to the petitioner for the said period. https://www.mhc.tn.gov.in/judis/ 3/6 W.P(MD)No.9789 of 2021
5. Mr.P.Thilak Kumar, learned Standing Counsel appearing for the respondents would submit that it is true, the 2nd respondent, the Assistant Director, Department of Geology and Mining, Kanyakumari District by Notice, stopped the quarry operations, on the ground that the quarry is situated within 10 kilometers to Kanyakumari Wildlife Sanctuary and latter, the Government of India, Ministry of Environment, Forest and Climate Change, vide Notification SC.3236, dated 22.09.2020, revised the stipulated zone of ECO-Sensitive area as 'Zero to Three Kilometers”. Thereafter, the petitioner was permitted to continue the quarry operation.
6. I have heard the learned counsels appearing on either side and perused the materials available on record.
7. This Court is of the considered view that when the respondents have got power to grant permission to the petitioner to conduct stone quarrying operation over his land, for the non-operative period, on account of suspension of the mining lease granted in favour of the petitioner for no fault on him, rejection of the request made by the petitioner to conduct stone quarrying operation in his land for the non-operative period, is not justifiable and therefore, this Court is of the considered view that the respondents ought to have considered the reasonable request of the petitioner, permitting him to conduct stone quarrying operation, on account of suspension of the mining lease granted in favour of him.
https://www.mhc.tn.gov.in/judis/ 4/6 W.P(MD)No.9789 of 2021
8. In fine, the Writ Petition is allowed and the 1st respondent is directed to permit the petitioner to conduct stone quarrying operation in his Patta land, for non-operative period, for which, the petitioner was not permitted to quarry during the lease period, as per the permission granted. Further, the 2nd respondent is directed to issue transport permit to the petitioner for the said period. No costs.
04.06.2021
Index : Yes/No
Internet : Yes/No
pm
Note:(i) In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, Kanyakumari District, Kanyakumari.
2.The Assistant Director, Department of Geology and Mining, Collectorate, Kanyakumari District.
https://www.mhc.tn.gov.in/judis/ 5/6 W.P(MD)No.9789 of 2021 J.NISHA BANU, J., pm W.P(MD)No.9789 of 2021 04.06.2021 https://www.mhc.tn.gov.in/judis/ 6/6