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2025 Supreme(Online)(Mad) 8742

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
P.MALLIKARJUNA – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Mallikarjuna S/o.Parthasarathy No.27, Mallswaram Green Park, Naganahalli Post, Anekal Taluk, Bangalore District. ... Petitioner Vs.

1.The District Collector, Krishnagiri District.

2.The Deputy Director of Geology & Mining, Krishnagiri District, Krishnagiri. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner dated 11.02.2023 and 02.01.2024 and execute mining lease agreement with the petitioner in respect of lands at S.F.Nos.754 & 760 (Part-4), Kamandoddi Village, Shoolagiri Taluk, Krishnagiri District, as per proceedings of the first respondent bearing No.e.f.vz;.200;/2018/fdpkk; dated 09.03.2018.

For Petitioner : Mr.K.S.Viswanathan, Senior Counsel for Ms.T.Hemalatha For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the second respondent to consider the representation made by the petitioner dated 11.02.2023 and 02.01.2024 and execute mining lease agreement with the petitioner in respect of lands at S.F.Nos.754 & 760 (Part-4), Kamandoddi Village, Shoolagiri Taluk, Krishnagiri District, as per proceedings of the first respondent bearing No.e.f.vz;.200;/2018/fdpkk; dated 09.03.2018.

2. The case of the petitioner is that the petitioner participated in the tender conducted by the first respondent for the purpose grant of quarry lease in respect of Government land measuring an extent of 3.50.0 Ha situate at S.F.Nos.754 & 760 (Part-4) Kamandoddi Village, Shoolagiri Taluk, Krishnagiri District on 07.12.2018. Since he was the highest bidder, quarry lease in respect of the above said Government lands was confirmed in favour of the petitioner. Further, the petitioner was required to obtain approved mining plan and environmental clearance from the State Environment Impact Assessment Authority (SEIAA) and consent from Tamil Nadu Pollution Control Board. Accordingly, the petitioner applied for environment clearance to SEIAA by application dated 20.05.2019. Subsequently online proposal was requested and the petitioner has also submitted the same along with EIA report. The representation made by the petitioner was considered and the environmental clearance was granted.

3.Meanwhile, the petitioner came to know about the illegal quarrying in the lease area allotted to the petitioner. Further, the petitioner made representations to the second respondent in order to take appropriate actions against the miscreants. Since no action was taken, the petitioner made repeated representations. Meanwhile, the petitioner received a notice of enquiry that quarrying has been carried beyond the permitted capacity in the land allotted to the petitioner and regarding the same, action was being contemplated and the date for enquiry was fixed on 31.01.2024.

4.Thereafter, the petitioner appeared for the enquiry and informed that the lease is yet to be executed in favour of the petitioner and also about the representation made by him regarding the illegal quarrying. While things stood thus, the petitioner would now state that he has complied with all statutory requirements for execution of the mining lease and has also requested for execution of mining lease by his representations dated 11.02.2023 and 02.01.2024. Since the respondents have not taken any action, the petitioner has filed the present writ petition with the above said prayer.

5.The learned counsel for the petitioner would submit that a direction be issued to the second respondent to execute the mining lease agreement in favour of the petitioner in respect of the lands mentioned above, considering the petitioner's representations dated 11.02.2023 and 02.01.2024.

6.Per contra, the learned Additional Government Pleader appearing for the respondents has fil

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