IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, B.Pugalendhi, JJ
Saravanakumar – Appellant
Versus
The Additional Chief Secretary, The Natural Resources (MMB.2) Department – Respondent
W.P(MD)No.7369 of 2026|W.M.P.(MD)Nos.6043, 6044 & 6045 of 2026
| Table of Content |
|---|
| 1. grant of quarry permission to 6th respondent by government order. (Para 1) |
| 2. challenge based on rule 36 distance violation. (Para 2) |
| 3. writ petition dismissed as rule 36 not applicable. (Para 4) |
ORDER
Vide G.O.(3D) No.21, Natural Resources Department, dated
17.09.2025, the Government had granted quarry permission in favour of the 6th respondent herein. The said G.O is put to challenge by the writ petitioner who is a resident of Kotta Natham village.
2. The writ petition has been filed primarily on the premise that the distance rule set out in Rule 36 of the Tamil Nadu Mines and Minerals Concession Rules, 1959 has been breached. According to the petitioner's counsel, the quarry site is located within 22 meters from a water body. 3. The learned Additional Advocate General appearing for the authorities as well as the learned counsel appearing for the 6th respondent point out that the aforesaid Rule is not applicable to the quarry lease concerning colored granites. Rule 36 is applicable only to stone quarries. The expression “stone” has been defined as follows:-
“'stone' shall mean rough stones including khandas, boulders, size-
reduced (broken or crushed) materials including metal jelly,ballasts, mill stones, hand chakais and building and road construction stones other than black, red, pink, grey, green, whiteor other coloured or multi coloured granites or any other rocks suitable for use as ornamental and decorative stones.”
4. We are satisfied that the foundational premise on which the writ petition rests does not hold good. The counter affidavit filed by the 5th respondent indicates that although the inhabited locality is within 300 meters of the quarry site, no blasting of rocks is involved or required. It is further stated that the multi colored granite blocks are extracted by the wire saw method which is a precision cutting technique. There is no need to use explosives. We direct the 6th respondent to strictly abide by the conditions imposed in the impugned GO. There is no scope for interference. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
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