IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.No.624 of 2026 S.Gnanasekaran S/O. Santhanamuthu, No.15, 14^th Cross Street, Periyar Nagar, Irumbuliyor, West Tambaram, Chennai – 600 045.

..Petitioner(s)

Vs

1. Government of Tamil Nadu Industries (MMC.1) Department, Represented by Additional Chief Secretary, Fort St. George, Chennai-600 009

2. The Director Department of Geology and Mining Thiru. Vi. Ka. Industrial Estate, Guindy, Chennai-600 032 3. The District Collector, Kanchipuram District, Kanchipuram.

4. The State Level Environment Impact Assessment Authority (SEIAA), Rep. By its Chairman, 3rd Floor Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015 ..Respondent(s)

PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records of the 3rd Respondent in RC. NO.399/Q3/2023 dated 24.07.2025 and impugned Order of the 2nd Respondent in Rc.No.11745/MM12/2024 dated 17.11.2025 and quash the same as arbitrary illegal and unreasonable and thus render justice For Petitioner(s): Mr. V.P.Senguttuvel, Senior Counsel for Mr. K.R. Nishanth For Respondent(s): Mr.Stalin Abhimanyu, AGP, for RR1 to R3 Mr.K.Srinivasa Murthy, Sr PC For R4

ORDER

This petition has been filed to issue a Writ of Certiorari to call for the entire records of the 3rd Respondent in RC. NO.399/Q3/2023 dated 24.07.2025 and impugned Order of the 2nd Respondent in Rc.No.11745/MM12/2024 dated 17.11.2025 and quash the same

2. It is the case of the petitioner that he applied for rough stone/gravel quarry lease on 26.05.2011 in respect of patta lands measuring to an extent of 4.90.5 Hec. situated at Vadamangalam Village, Sriperumbudur Taluk, Kanchipuram District. After consideration, the 3^rd respondent vide its proceedings dated 11.01.2012 granted quarry lease for a period of five years commencing from 11.01.2012 till 10.01.2017.

3. During the lease period, the first respondent in G.O.Ms.No.79 Industries (MMC-1) dated 06.04.2015 introduced Rule 41 and Rule 42 to the Tamil Nadu Minor Mineral Concession Rules, 1959, relating to the approval of Mining Plan and Environmental Clearance ((hereinafter referred to as “EC”), with effect from 22.04.2015 and therefore, the existing lessees were required to obtain EC within a period of 180 days from the date of commencement of Rule 42 ie., 22.04.2015 which later got extended till 10.01.2017.

4. The petitioner applied for Mining Plan on 03.07.2015 and the same was approved on 31.08.2015 and therefore, Rule 41 of TNMMC rules was complied with. The petitioner applied for EC on 21.10.2025 before the 4^th respondent for which, the 4^th respondent vide its proceedings dated 28.03.2016 sought for some details and the same was duly furnished. However, the petitioner’s application for EC was kept pending for consideration. In the meantime, the 3^rd respondent issued a demand notice on 07.10.2021 demanding a sum of Rs.25,56,900/- for the cost of the mineral quarried during the lease period without EC.

5. Challenging the same, the petitioner had filed a writ petition in W.P.No.25722 of 2021 which was dismissed by this Court. Thereafter, the petitioner preferred an appeal in W.A.No.512 of 2022 which was partly allowed by the Hon’ble Division Bench of this Court by a common order dated 15.02.2024, by which, this Court has set aside the demand notice and directed the petitioner to treat the demand notice as a show cause notice and directed to file a reply along with necessary documents within a period of four weeks from the date of the order. Pursuant to the said order, the petitioner submitted an explanation along with the supporting documents, but, the 3^rd respondent without properly considering the same, passed an order confirming the order dated 07.10.2021 of demand for penalty.

6. Aggrieved by the said order, the petitioner preferred an appeal before the 2^nd respondent on 29.11.2024. It is submitted that