Compliance with statutory provisions and recommendations of relevant authorities is crucial in determining the validity of quarry licenses and addressing environmental and social concerns.

JUDGMENT :

B. PUGALENDHI, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to cancel the quarry licence granted in favour of the 3rd respondent to carry the quarry operations in S. No. 34/1B, situated at Anayur Village, Perumpothur, Sankarankovil Taluk, Tirunelveli District by considering the petitioner's representation dated 03.10.2018, with the time stipulated by this Court.

1. This writ petition is styled as a Pubic Interest Litigation with a prayer seeking a writ of mandamus directing the respondents 1 and 2 to cancel the quarry licence granted in favour of the third respondent to carry the quarry operations in S. No. 34/1 B, situated at Anyaur Village, Perumpothur, Sankarankovil Taluk, Tirunelveli District by considering the petitioner's representation dated 03.10.2018, within the time stipulated by this Court.

2. The case of the petitioner is that the first respondent vide his proceedings in RC No. M1/ 4509/2014 dated 18.03.2018, granted quarrying licence in favour of the third respondent and the same is in violation of the Tamil Nadu Mines and Minerals Development Rules.

3. The petitioner had cited the following violations in support of his contention:

(i) The Manoor Drinking Water Scheme is passing adjacent to the survey fields, where quarrying licence is granted and therefore, there are possibilities for the water getting polluted.

(ii) There are residential houses within 250 meters distance and the residents nearby the quarry are affected when heavy sound and blast and the nearby houses are getting cracks due to severe blasting operation.

(iii) There is a public road within 4 meters distance namely Anayur Vadikottai Village and there is every danger to human life who are passing through the said area.

(iv) Vadikottai water tank is situated within 100 meters distance and for the purpose of carrying out the quarry operation, the third respondent had closed the Vadikottai channel.

(v) Agricultural operations in the nearby quarry are also severely affected due to quarry operations.

4. In response to this writ petition, the Deputy Director, Mining and Geology has filed the status report taking a stand that there is no inhabitation, within the distance of 300 meters around the applied area and the quarry is an existing one, which in existence from the year 2009 and the District Environment and Impact Assessment Authority also granted environmental clearance and the grant of environmental clearance is also published in Dinamalar and New Indian Express on 31.01.2018.

5. Due to certain agitations the Tahsildar, Sankarankovil the second respondent herein by proceedings in Na. Ka. No. A2/500/2018 has ordered to stop the four rough stone quarries functioning near Anayur village and also a Tar plant with effect from 31.08.2018.

6. The third respondent also filed a counter affidavit denying the allegations levelled by the petitioner and the first respondent has granted licence only after satisfying with all the requirements and granted licence and the quarry operation is also carried on with the conditions stipulated therein.

7. Pursuant to the orders of the Tahsildar, the third respondent had approached this Court in WP (MD) No. 19188 of 2018 for a direction to the respondents therein to provide police protection to undertake his quarrying activities in accordance with the licence granted by the first respondent vide proceedings dated 18.03.2018 and this Court by taking into account the materials placed on record held that since the permission granted by the first respondent is in force, the subordinate authority, namely the Tahsildar cannot issue directions contrary to the licence granted by the District Collector and allowed the writ petition with a direction to the Deputy Superintendent of Police, Sankarankovil, Tirunelveli District and the Inspector of Police, Sankarankovil to grant necessary protection to the third respondent here