Back
2025 Supreme(Online)(Mad) 49827
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
S.Gnana Paul Johnson – Appellant
Versus
The District Collector, Collectorate, Tirunelveli – Respondent
Writ Petition (MD) No. 12232 of 2020 | Writ Miscellaneous Petition (MD) No. 10492 of 2020
For the Petitioner: Mr.K.Neelamegam
For RR 1 & 3 to 5: Mr.P.Thilak Kumar Government Pleader
For R – 2: Mr.T.Senthil Kumar Additional Public Prosecutor
For RR 6 & 8: Mr.T.Dinesh for M/s.Veera Associates
For R – 7: Died
Judicial mandamus can compel authorities to fulfill statutory obligations in cases of illegal activities, ensuring regulatory compliance.
Headnote:(A) Constitution of India - Article 226 - Writ Petition for Mandamus against illegal mining operations - Action initiated to stop quarrying operations - Penalty imposed for illegal operations - Directives issued for recovery of the penalty amount and reporting of any corrupt activities. (Paras 2, 3, 5)
(B) Writ Jurisdiction - Framework for judicial intervention - Mandamus is issued to direct authorities to carry out their statutory duties when there is an inaction contrary to the law. (Paras 4, 5)
Facts of the case:
The petitioner alleges illegal stone quarrying and seeks a writ to halt operations and recover revenue losses due to illegal mining, citing earlier complaints and representations.
Findings of Court:
Actions taken to stop illegal quarrying; penalties imposed but recovery of amounts not clarified; petitioner directed to file a separate complaint regarding allegations against officials.
Issues: The court addressed whether the authorities acted timely against illegal quarrying and recovery of penalty amounts.
Ratio Decidendi: The court underscored the importance of enforcing compliance with mining regulations and the need for clear action by authorities in response to illegal activities.
Result: The Writ Petition is disposed of with directions for action and no order as to costs.
| Table of Content |
|---|
| 1. writ for stopping illegal quarrying. (Para 1) |
| 2. court's directive on government action against illegal mining. (Para 2 , 3 , 4) |
| 3. writ petition disposed with specific directions. (Para 5 , 6) |
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted to direct the respondents 1 to 5 to take necessary action against the respondents 6 to 8 and his men to stop illegal stone quarry operations in Adaimithippankulam Village, Tharuvai, Palayamkottai Taluk, Tirunelveli District and to recover the money for revenue loss to the Government due to the illegal mining of the respondents 6 to 8 on the basis of the petitioner's representation dated
22.07.2019.
2.The Assistant Director, Department of Geology and Mining, Tirunelveli, has filed a counter-affidavit, which indicates that action has been initiated to stop the mining operations. The learned Government Pleader appearing for the respondents 1 & 3 to 5 has also affirmed that the mining operations have been stopped. In respect of the illegal mining operations, a penalty has been imposed.
3.However, it is not made clear whether the penalty amount has been recovered or not.
4.May that as it be, the learned counsel appearing for the petitioner raises serious allegations against the officials, who failed to initiate action against the illegal quarrying operations at the relevant point of time. The petitioner has made several allegations regarding corrupt activities. However, the petitioner is directed to file a separate complaint, setting out all the facts and circumstances, enabling the authorities to initiate action in the manner known to law.
5.Asfar as the present Writ Petition is concerned, the quarrying operations have been stopped and regarding illegal quarrying operations a penalty was imposed. If the penalty amount has not yet been recovered, appropriate actions are directed to be taken to recover the amount.
6.With these directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
