The court emphasized the importance of timely action in seeking remedies and the availability of appellate remedies under relevant rules. The court also clarified the limitations of invoking the power under Section 202 of the Tamil Nadu Panchayats Act, 1994.

ORDER :

The Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to pass orders as per Section 202 of the Tamil Nadu Panchayats Act, 1994 and to cancel the Approval No.62 of 2006 dated 18.09.2006 granted by the fifth respondent to the seventh respondent and the Approval No.10 of 2018 dated 09.03.2018 granted by the sixth respondent to the eighth respondent and demolish the unapproved/unauthorised superstructure put up in Survey No.64/1 & 64/2 and 78/1A & 81/1C4 by the seventh and eighth respondents.

2. The petitioner had obtained Mining License from the first respondent, the District Collector, Coimbatore, which was in force from 25.08.1988. The Mining License has been renewed from time to time though for an intermittent period there was no renewal.

3. The admitted facts of the case indicate that the license was granted to the petitioner under the Provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Tamil Nadu Mines and Minerals Concession Rules, 1959. The said license has been renewed from time to time.

4. It is the specific case of the petitioner that the fifth and sixth respondents have granted permissions to the seventh and eighth respondent for putting up the construction vide Approval No.62 of 2006 dated 18.09.2006 and Approval No.10 of 2018 dated 09.03.2018. It is submitted that these approvals are contrary to Rule 36(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959, framed under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

5. It is therefore submitted that the first respondent who exercises the power under Section 202 of the Tamil Nadu Panchayats Act, 1994 should take effective steps to cancel the permissions granted to the seventh and eighth respondents by the fifth and sixth respondents on 18.09.2006 and 09.03.2018.

6. The learned counsel for the petitioner submits that the petitioner was unaware of these permissions as no development was made by the seventh and eighth respondents till 2018 and therefore, the petitioner on coming to know about the same had sent representations to the first respondent to exercise power under Section 202 of the Tamil Nadu Panchayats Act, 1994.

7. The learned counsel for the petitioner submits that the seventh and eighth respondents herein along with three others had filed a Public Interest Litigation (PIL) in W.P.No.26579 of 2019 pretending to espouse the public cause of the public for the following relief:-

"For issuance of a Writ of Certiorarified Mandamus, to call for the records relating to (i) the order bearing Na.Ka.No.347-16/Mines/2018 dated 25.01.2019 (ii) Proceedings bearing RC.No.753/Mines/2014 dated 28.07.2016 and (iii) Proceedings bearing RC.No.Pa.240/MMI/2014 dated 28.07.2016 on the file of the second respondent and quash the same and consequently, forbearing the first to eighth respondents from granting lease/licence/permit to carry on quarrying operations in the lands bearing S.F.Nos.68/1, 69/2A, 81A/1A1, 81A/1A2, 90/3Pt and 94/1D in violation of the provisions contained in the Tamil Nadu Minor Minerals Concession rules, 1959 and the G.Os, Letters, Circulars etc., issued from time to time relating to the same in any manner."

8. It is submitted that initially, the Hon'ble Division Bench of this Court also granted interim stay which was later revoked vide order dated 26.02.2020. It is further submitted that despite notice to the seventh and eighth respondents herein who were the first and second petitioners in W.P.No.26579 of 2019 along with three others have put up construction.

9. The learned counsel for the petitioner has placed reliance on the counter affidavit filed by the first respondent, wherein, in paragraph 7, it has been categorically stated as follows:-

"7. It is further submitted that, clearance of the Director of Geology and Mining, Chennai has not