Court directs expeditious processing of environmental clearance application without interfering with impugned quarry denial orders.

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records relevant to the order in Roc.No.650/2009/Mines dated on 11.12.2020 passed by the third respondent which was confirmed by the second respondent order in Rc.No.210/MM1/2021 dated 12.04.2024 and quash the same as illegal, improper and against the natural justice and thereby directing the respondents to grant environment clearance and permit the petitioner to quarry and transport the stones from the leasehold land bearing in S.No.346 (Part), 353, 354/2, Osapuram Village, Denkanikottai Taluk, Krishnagiri District to an extent of 2.02.5 Hectares for the period of four years from the date of issue of transport permit on the light of judgment passed in W.P. No.34852 of

2018 dated 11.03.2019.

For Petitioner : Mr.L.Chandrakumar for M/s.B.Sundarapandiyan For Respondents : Mr.Venkataswamy Babu for R1 Mr.Stalin Abimanyu for R2 to R4 Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, call for the records relevant to the order in Roc.No.650/2009/Mines dated on 11.12.2020 passed by the third respondent which was confirmed by the second respondent order in Rc.No.210/MM1/2021 dated 12.04.2024 and quash the same as illegal, improper and against the natural justice and thereby directing the respondents to grant environment clearance and permit the petitioner to quarry and transport the stones from the leasehold land bearing in S.No.346 (Part), 353, 354/2, Osapuram Village, Denkanikottai Taluk, Krishnagiri District to an extent of 2.02.5 Hectares for the period of four years from the date of issue of transport permit in the light of judgment passed in W.P.No.34852 of

2018 dated 11.03.2019.

2.The learned counsel appearing for the petitioner submitted that in the year 2009, the petitioner participated in the sealed tender cum public auction called by the Government of Tamil Nadu for lease of the land in Krishnagiri District for the purpose of quarrying rough stones, jelly and sized stones and the petitioner was granted stone quarry lease for quarrying rough stones, Jelly and sized stones in S.No.346 (Part), 353, 354/2, Osapuram Village, Denkanikottai Taluk, Krishnagiri District to an extent of 2.02.5 Hectares for the period of 10 years from 11.01.2010 to 10.01.2020 as per Rule 8 of Minor Minerals Concessions Rules, 1956 and lease deed was executed by the third respondent on 11.01.2010 and the same was registered as Document No.272/2010 on the file of SRO, Kelamangalam and the petitioner was running the quarry without any disturbance.

3.The learned counsel appearing for the petitioner further submitted that all of a sudden on 18.05.2015, the third respondent issued memo stating that as per G.O.No.79, Industrial (M.M.C1) dated 06.04.2015, the Tamil Nadu Minor Mineral Concession Rules, 1959 was amended and Rule 41 and 42 were included in the above Act and as per Rule 42, the submission of Environment Clearance for the existing leases also had been made mandatory. Based on the said memo, the petitioner made representation to the respondents seeking to grant Environmental Clearance Certificate along with necessary documents and also paid necessary fees, however, there was no response and hence the petitioner filed W.P.No.26840 of 2019 and this Court vide order dated 24.01.2020 directed the petitioner to give fresh representation to all aspects including seeking extension of period of lease to the District Collector, Krishnagiri District and issued direction to the District Collector to enquire into the issue and to pass order, pursuant to which, the petitioner made r