2024:MHC:1859 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10897 of 2024 and W.M.P.No.10897 of 2024 K.Indirani ... Petitioner Vs.

1.The District Collector, Erode District.

2.The Assistant Director, Geology and Mining Department, Erode.

3.Arulmigu Konganakiri Kumarsamy Temple, Kavundampalayam, Represented by fit person.

4.Arulmigu Matheswaran Swamy Temple, Kavundampalayam, Represented by fit person. ... Respondents (R3 & R4 are suo motu impleaded vide order dated 22.04.2024 in W.P.No.10897 of 2024 by SMSJ)

Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorarified Mandamus, calling for the records pertaining to the memorandum bearing No.Na.Ka.205/Mineral/2024 dated 25.03.2024 issued by the 2^nd respondent, quash the same and consequently direct the respondents not to interfere with the petitioner's right to carry on the quarrying activity in the land property situated in S.F.No.55/1A(part), 55/3 (part) and 58, measuring to an extent o 2.91.5 Hectare of Patta lands at Kavundampalayam Village, Gobichettipalayam Taluk, Erode District as per the lease granted to the petitioner vide proceedings dated 09.01.2024 issued by the 2^nd respondent, in accordance with Environmental law.

For Petitioner : Mr.V.Raghavachari Senior Counsel for Mr.V.Anandhamurthy For R1 & R2 : Mr.Stalin Abhimanyu Additional Government Pleader For R3 & R4 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)

O R D E R

This writ petition has been instituted challenging the memo issued by the Assistant Director, Geology and Mining Department, Erode dated

25.03.2024.

2. Based on the application submitted by the petitioner to carryout rough stone quarry in the subject 'Government Poramboke' land, a mining lease was granted by the Assistant Director of Geology and Mining Department, Erode dated 09.01.2024, for a period of five years.

3. Mr.V.Raghavachari, learned Senior Counsel appearing on behalf of the petitioner would contend that the mine lease was granted after verifying the records and by conducting field inspections. The objections from the local people were also taken in to consideration by the Authorities. Therefore, the present impugned memo issued by the Assistant Director is without jurisdiction and beyond the scope of the mining lease license granted in favour of the petitioner to carry out rough stone quarry for a period of five years.

4. Mr.V.Raghavachari, would further contend that on account of personal vengeance, some person has given a complaint and that was entertained and the memo impugned was issued. Such motivated complaints cannot be a ground to deny right to lease in accordance with the license granted by the competent Authorities. Therefore, the present writ petition is to be considered.

5. Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing on behalf of the 1^st and 2^nd respondent would rely on the Report submitted by the Revenue Tahsildar, Gobichettipalayam to the Assistant Director, Geology and Mining Department, Erode. The said Report of the Tahsildar would reveal that certain irregularities are identified in the quarry operations in the subject properties and further adjacent to the quarry land, old temples situate. Therefore, the people are raising objections and they are conducting frequent agitations. When large scale agitations are raised, the Assistant Director of Geology and Mining Department issued a memo asking the petitioner to submit her explanations regarding the complaint.

6. In the context of memo, the learned Senior Counsel for the petitioner would submit that the details regarding the complaint and the documents are not furnished to the petitioner. In the absence of any such details, the petitioner may not be in a position to submit his explanations. Thus, the petitioner is constrained to challenge the said memo dated

25.03.2024.

7. It is further contended that the people identified cracks