IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
S.DHARMALINGAM – Appellant
Versus
THE DIRECTOR OF GEOLOGY AND MINING – Respondent
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WP No. 39026 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 39026 of 2024 and
WMP No.42270 of 2024 S.Dharmalingam
S/o.Subramaniam, Door No.282, Ayyappan Kovil Street,
Gandhinagar Madukkarai, Coimbatore.
..Petitioner Vs
1. The Director of Geology And Mining State Level Task Force For Prevention of Illegal
Mining, Industrial Estate, Guindy, Chennai 600032.
2. The District Collector / Head District Level Task Force for Prevention of
Illegal Mining, Collectorate, Coimbatore 641018.
3. The Assistant Director / Member District Level Task Force For Prevention of
Illegal Mining, Department of Geology and Mining,
Coimbatore.
4. Mr.S.Rathinavelusamy S/o.Subramaniam,
Door No.247 Ayyappan Koil Street, Gandhi Nagar, Madukkarai,
Coimbatore 641008.
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5. Mrs.S.Venakatachalam S/o.Subramaniam,
Door No.247 Ayyappan Koil Street, Gandhi Nagar, Madukkarai,
Coimbatore 641008.
..Respondents
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider petitioner’s representation dated 25.07.2024 to take necessary action in respect of illegal mining and to stop issuing chit/permission for mining/ quarrying operating by the respondents 4 and 5 for the property comprised in S.No. 66/2(part), to an extent of 0.89.0 hectare situated at Thirumalayampalayam
Village, Madukkarai Taluk, Coimbatore District.
For Petitioner(s): Mr.B.Ram Kumar
For Respondent(s): Mr.Stalin Abimanyu for R1 to R3 Additional Government Pleader
Mr.T.Balaji for R4 Mr.M.Muthappan for R5
ORDER
This petition has been filed seeking a direction to the respondents 1 to 3
herein to consider petitioner’s representation dated 25.07.2024 to take necessary action in respect of illegal mining and to stop issuing chit/permission for
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mining/ quarrying operations by the respondents 4 and 5 for the property comprised in S.No. 66/2(part), to an extent of 0.89.0 hectare situated at
Thirumalayampalayam Village, Madukkarai Taluk, Coimbatore District.
2.The learned counsel for the petitioner would submit that the petitioner
has filed this writ petition to take necessary action against illegal mining activities and to restrain the issuance of chit/permission for quarrying operations conducted by the respondents 4 and 5 on the aforesaid property. Accordingly, he prayed for a direction to the respondents 1 to 3 to consider the petitioner’s
representation and pass appropriate orders.
3.However, the learned counsel for the 5th respondent would submit that
on the very same issue, the petitioner had earlier filed W.P No.8128 of 2020, and this Court, by order dated 02.06.2023, permitted the petitioner to withdraw the said writ petition, granting liberty to him to work out his remedy in the manner known to law. He would further submit that, on the very same cause of action, the petitioner had also instituted a civil suit in O.S.No.1493 of 2015 on the file of the Subordinate Judge, Coimbatore, and the same came to be dismissed on 27.02.2026. Accordingly, he prayed for dismissal of the present
writ petition.
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4.In the light of the above submissions and considering the earlier
proceedings initiated by the petitioner on the very same issue, this Court is not
inclined to entertain the present writ petition.
5.Accordingly, this writ petition stands dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petition is closed.
01-04-2026 Index: Yes/No
Speaking/Non-speaking order Neutral Citation: Yes/No
Uma
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##PAGE5##WP No. 39026 of 20
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