A VELUSAMY Vs. DISTRICT COLLECTOR COIMBATORE DISTRICT

JUDGEMENT

(1.) Writ Petition Nos.21006 and 21007 of 2009 are filed by the respective petitioners, who are the husband and wife and they are the owners of S.F.Nos.151/2A1, 151/2A2, 151/2A3(P) and 152/4D measuring 2.46.5 hectares and S.F.No.150/1A4 measuring 1.23.0 hectares respectively in Bogampatti village, Palladam taluk, Coimbatore District.

(2.) They have filed the said writ petitions to forbear the respondents 1 to 4 from sanctioning any planning permission to construct building or approving the lay out within 300 mts. from the quarry site, comprised in the above said survey numbers. It is stated that the first respondent, District Collector granted quarrying lease to the petitioner in W.P.No.21006 of 2009, for a period of five years in the proceedings dated 18.10.2002 and that was for quarrying rough stones in the said patta lands and the periods of the said leases in these writ petitions were between 25.10.2002 to 24.10.2007, 20.12.2002 to 19.12.2007, 12.02.2009 to 11.02.2014 and 12.02.2009 to 11.02.2014 respectively and the petitioners commenced the quarrying operations.

(3.) The said V.Pechimuthu Gounder, who was impleaded as 5th respondent in the above said writ petitions has filed W.P.Nos.26246 and 26247 of 2009, challenging the orders of the first respondent District Collector dated 12.2.2009 granting lease to the writ petitioners in W.P.Nos.21006 and 21007 of 2009 in respect of the lands stated above for quarrying operation for the period from 12.2.2009 to 11.2.2014 on the ground that the quarrying lease granted by the first respondent is illegal since it is situated within the inhabited site, that the lease has been granted within 300 mts. from the residential area and that the petitioner Pechimuthu,s house site is situate within the prohibited distance of 300 mts. By relying upon the revenue records stating that as per the records it is treated as house from 1975 onwards, it is stated by the petitioner Pechimuthu that the subsequent grant of lease for the period between 2002 and 2009 and the extension from 2009 to 2014 is clearly prohibited as per the Tamil Nadu Minor Mineral Concession Rules.