The court exercised its jurisdiction under Article 226 to direct a statutory authority to consider and pass orders on a representation regarding the legality of a quarry lease within a specified timeframe.

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the First Respondent to take appropriate action on the Petitioners complaint dated 14.05.2024 against the rough stone quarry of the Sixth Respondent in S. No 565 / 3A, Myvadi Village, Mdathukulam Taluk, Tiruppur district and close the said quarry within a time limit to be stipulated by this Honble Court.

For Petitioner(s): Mr.P.Manojkumar

For Respondent(s): Mr. Stalin Abimanyu, AGP

RR1 to 3

M/s. S. Prabhakaran, R5

M/s.N.Umapathi, For R6

ORDER

This petition has been filed seeking a direction to the First Respondent to take appropriate action on the Petitioners complaint dated 14.05.2024 against the rough stone quarry of the Sixth Respondent in S. No 565 / 3A, Myvadi Village, Mdathukulam Taluk, Tiruppur district and close the said quarry.

2. It is the case of the petitioner that the petitioners herein are owner of land adjoining the quarry operated by the 6th respondent, viz., Umadevi in S.No.565/3A Myvadi Village, Madathukulam Taluk, Tiruppur District. The sixth respondent was granted quarry lease to quarry rough stones over an extent of 2.24 Hectares for a period of five years. The constant quarrying operations based on a quarry lease granted to the sixth respondent in violation of the distance factor with regard to the Approved lay out adjoining the quarry site has hindered the lives of the petitioners. Therefore, the petitioners along with others approached the District Collector, Tiruppur by way of a representation dated 06.04.2024 bringing to his notice that the distance between the approved lay out and the quarry site is less than 300 metres and therefore, the lease granted to quarry is illegal. Thereafer, the Block Development Office, Madathukulam sent a report to the Third respondent, the Deputy Director of Geology and Mining, Tiruppur based on the complaint made by the petitioners in and by his proceedings dated 26.04.2024 wherein he had stated that the said quarry is about 310 metres away from the said Approved lay out. Thereafter, nothing has been heard on their complaint. The report submitted by the 4th respondent is utterly false. The distance between the quarry and the approved lay out is only about 203 metres. The petitioners therefore approached the First respondent and made a representation dated 14.05.2024 bringing to his notice the illegality in the grant of quarry lease to the 6th respondent and the false and frivolous report submitted by the 5th respondent and requesting him to take appropriate steps for closure of quarry. However, no action has been taken so far. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to conclude the proceedings initiated against the 6th respondent within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the enquiry will be concluded and an appropriate orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's complaint dated 14.05.2024 within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.