O R D E R

Heard the learned counsel on either side.

2. The petitioner wants this Court to restrain the fourth respondent from carrying on his quarrying activities. There is no dispute that the petitioner's land and the fourth respondent's land are adjacent to each other. The petitioner states that he was quarrying his land during the period 2000-2005 and 2006 -2011. The petitioner being the quarry operator himself cannot complain about the fourth respondent's present activities and of course, if there is any statutory violation, then it is open to this court to find it out. The fact that the fourth respondent's site is situated close to the petitioner's site cannot be a ground to restrain the fourth respondent from doing his quarrying operations. Distance Rule is set out in Rule 36(1-A) of the Tamil Nadu Minor Mineral concession Rules, 1959. It reads as follows:-

“36. General restrictions in respect of quarrying operations :- (1) ..

(1-A) (a) No lease shall be granted for quarrying stone within 300 metres (three hundred metres) from any inhabited site: Provided that the exiting quarries which are subsisting under current leases shall be entitled for continuance till the expiry of the lease period. The lessees whose quarries lie within a radius of 300 metres from the inhabited site shall undertake blasting operations only after getting permission of the Director of Mines Safety, Gorgaun:

Provided further that the new and existing units of quarries shall also be required to comply with the Pollution Control Measures (i.e) dust control measures) besides complying with the other conditions in regard to Pollution Control Measures.

(b) The methodology specified in column (2) of the Table shall be adopted in respect of the operational sources specified in column (1)

thereof for rock quarrying operations.

(c) No new layout, building plans falling within 300 metres from any quarry should be given approval by any agency unless prior clearance of the Director of Geology and Mining is obtained. On receipt of proposals for according clearance, the Director of Geology and Mining shall decide upon the continuance or closure, as the case may be of any quarry which is situated within 300 metres from the now layout, building sought for such “clearance”.

Explanation:- For the purpose of sub rule (1) and (1-A)

(i) “public road” shall mean a road which has been constructed by artificially surfaced as distinct from a track resulting from repeated use;

(ii) “Village road” shall mean and include any track shown in the revenue record as village road.

(ii-a) 'stone' shall mean rough stones including khandas, boulders, size-reduced (broken or crushed) materials including metal jelly, ballasts, mill stones, hand chakais and building and road construction stones other than black, red, pink, grey, green, white or other coloured or multi-coloured granites or any other rocks suitable for use as ornamental and decorative stones.

(iii) ‘inhabited site’ shall mean a village site or town site or a house site as referred to in the revenue records or a house site or layout approved by a Local Body or Town or Country or Metropolitan Planning Authority, where the said Body or Authority is created under a statute and empowered to approve such an area as a house site or layout area. “

3. The distance will have to be measured from public road/village road/inhabited site. The location of the quarrying site adjacent to an agricultural land is not by itself a disqualification. I do not find any statutory violation.

4. This writ petition stands dismissed. No costs.

Consequently, con