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2023 Supreme(Mad) 1867
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M/s. P.R.P Granites, Rep. by its Partner P. Senthilkumar, Madurai & Others – Appellants
Versus
The State of Tamil Nadu, Rep. by its Secretary, Industries Department, Chennai & Others – Respondents
W.P. Nos. 20166 &20167 of 2013, 15584, 15585, 15586 & 15587 of 2014 & M.P.Nos.1 & 1 of 2013 &1, 1, 1 & 1 of 2014
Decided On : 16-06-2023
For the Petitioners:P. Wilson, Senior Counsel, for A. Robinson, Advocate. For the Respondents:R. Shunmuga Sundaram, Advocate General assisted by D. Ravichander, Special Government Pleader & A.G. Shakeenaa, Advocate.
Headnote:
Writ Petition - Granite Blocks - Mines and Minerals (Development and Regulation) Act, 1957, Rules - The court discussed the legal provisions related to the disposal of waste, overburden, rejects, and non-saleable granite blocks stored in vacant lands. It highlighted the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, and the Granite Conservation and Development Rules, 1999, and emphasized the authority of the Special Court to dispose of the seized materials in accordance with the Act.
Fact of the Case:
The case involved the illegal quarrying and transportation of granites in Madurai District, leading to a report of revenue loss and unauthorized stocking of granite blocks. The petitioners claimed rights over the granite blocks found in vacant lands and objected to the proposed auction of the materials by the District Collector.
Finding of the Court:
The court rejected the relief sought in the writ petitions and directed the Special Court, Madurai, to consider and pass appropriate orders regarding the disposal of the granite blocks within four months. It emphasized the authority of the Special Court to dispose of the materials in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.
Issues: The main issues revolved around the disposal of waste, overburden, rejects, and non-saleable granite blocks stored in vacant lands, and the authority of the Special Court to handle the disposal in accordance with the Act.
Ratio Decidendi: The court emphasized the authority of the Special Court to dispose of the seized materials in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, and directed the Special Court to consider and pass appropriate orders regarding the disposal of the granite blocks within four months.
Final Decision: The writ petitions were rejected, and the Special Court, Madurai, was directed to consider and pass appropriate orders regarding the disposal of the waste, overburden, rejects, and non-saleable granite blocks stored in vacant lands within four months.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, forbearing the respondents, their agents, subordinates, officers and men etc., in any way dealing with waste, overburden, rejects and non-saleable granite blocks etc., stored / lying either in the vacant patta lands of the petitioner or in the vacant patta lands in respect of which the petitioner got surface rights or in the vacant lands of the Government which are situated either in the adjoining or nearby lease granted patta lands of the petitioner measuring 8-41 Acres in Survey Nos. 684/2A etc., situated in NAVINIPATTI Village, Melur Taluk, 2-67 Acres, in Survey No. 69/1 etc., 5-61 Acres in Survey No.92/1 etc., 2-56 Acres, in Survey No.113/1 etc., 5-00 Acres, in Survey No.30/1B etc., situated in KEELAIYUR Village, 17-92 Acres, in Survey No.71/4 etc., 6-15 Acres, in Survey No.62/1 etc., 3-84 Acres, in Survey No.63/1A etc., 5-34 Acres, Survey No.298/3A1 etc., KEELAVALAVU Village, 7-16 Acres, in Survey No.268/1 etc., situated in KEELAVALAVU and SARUGUVALAYAPATTI Villages, 7-20 Acres, in Survey No.221/1A1 etc., 6-89 Acres, in Survey No. 321/1 etc., 2-54 Acres, in Survey No.214/2 etc., 6-83 Acres, in Survey No.7/12 etc., 9-42 Acres, in Survey No.225/3 etc., 3-64 Acres, in Survey No.237/1 etc., situated in E.MALAMPATTI village, and all the five villages situated in Melur Taluk, Madurai District, 15-45 Acres in Survey No.197/1A1(P) etc., situated in POOLAMPATTI Village, 29-31 Acres in Survey No.56/1 etc., situated in SIVALINGAM & THIRUMOHUR villages and 16-62 Acres in Survey No.3/1 etc., situated in KARUPPUKKAL Village and all the four villages are situated in Madurai North Taluk, Madurai District till the completion of investigation and adjudication and till the disposal of the matters pending before this Court. [prayer amended as per order dated 14.08.2013 in M.P.Nos.2 and 3 of 2013 in W.P.Nos.20166 and 20167 of 2013]
Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, forbearing the respondents, their agents, subordinates, officers and men etc., in any way dealing with waste, overburden, rejects and non-saleable granite blocks etc., stored / lying either in the vacant patta lands of the petitioner or in the vacant patta lands in respect of which the petitioner got surface rights or in the vacant lands of the Government which are situated either in the adjoining or nearby lease granted patta lands of the petitioner measuring 8-41 Acres in Survey Nos.684/2A etc., situated in NAVINIPATTI Village, Melur Taluk, 2-67 Acres, in Survey No.69/1 etc., 5-61 Acres in survey no.92/1 etc., 2-56 acres, in Survey No.113/1 etc., 5-00 Acres, in Survey No.30/1B etc., situated in KEELAIYUR Village, 17-92 Acres, in Survey No.71/4 etc., 6-15 Acres, in Survey No.62/1 etc., 3-84 Acres, in Survey No.63/1A etc., 5-34 Acres, in Survey No.298/3A1 etc., in KEELAVALAVU village, 7-16 Acres, in Survey No.268/1 etc., situated in KEELAVALAVU and SARUGUVALAYAPATTI villages, 7-20 Acres, in Survey No.221/1A1 etc., 6-89 Acres in Survey No.321/1 etc., 2-54 Acres in Survey No.214/2 etc., 6-83 Acres in Survey No.7/12 etc., 9-42 Acres, in Survey No.225/3 etc., 3-64 Acres, in Survey No.237/1 etc., situated in E.MALAMPATTI Village, and all the five Villages situated in Melur Taluk, Madurai District, 15-45 Acres in Survey No.197/1A1(P) etc., situated in POOLAMPATTI Village, 29-31 Acres in Survey No. 56/1 etc., situated in SIVALINGAM and THIRUMOHUR Villages and 16-62 Acres in Survey No.3/1 etc., situated in KARUPPUKKAL Village and all the four Villages are situated in Madurai North Taluk, Madurai District till the completion of investigation and adjudication and till the disposal of the matters pending before this Court. [prayer amended as per order dated 14.08.2013 in M.P.Nos.2 and 3 of 2013 in W.P.Nos.20166 and 20167 of 2013]
Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Ma
