B.RAMAN Vs. DISTRICT COLLECTOR MADURAI

JUDGEMENT

(1.) Since the subject matter in all these writ petitions pertains to a stone quarry and stone crusher unit located in lands comprised in the same survey numbers, these writ petitions were heard together and are disposed of by this common order.

(2.) The petitioner in W.P.(MD) Nos.7402 of 2020 and 10113 of 2020 is one B.Raman, son of Balaguruvan. The prayer in W.P.(MD) No.7402 of 2020, filed as a public interest litigation, is for issuance of a writ of mandamus to direct the official respondents 1 to 5 therein to take action, against the sixth respondent Pari, son of Gopalasamy / petitioner in W.P.(MD) No.9406 of 2020 and the seventh respondent, namely, K.Murugesan, son of Kandasamy and M/s.Gopalsamy Blue Metals for having illegally quarried in the lands comprised in Survey Nos.22/1A, 22/1B, 23/1, 23/3A, 23/3B, 23/4B, 23/5B1, 23/5B2, 23/6, to an extent of more than 200 feet in depth and also illegally quarried in poromboke lands comprised in Survey No.23/2 of Karuvelampatti Village, Tiruparankundram Talum, Madurai District, to an extent of 90 cents and for a consequential direction to reclaim the lands, which have been encroached and to impose penalty for quarrying in Government poromboke lands by invoking the powers under Rule 36-A of Tamilnadu Minor Mineral Concession Rules, 1959 (in short, "the Rules") and consequently, to direct the District Collector, Madurai, to allot alternate site for Government poromboke land, which is classified as "Kalam" for agricultural purpose in Karuvelampatti Village.

(3.) The prayer in W.P.(MD) No.10113 of 2020 is for issuance of a writ of certiorarified mandamus to quash the order, dated 27.07.2020, passed by the District Collector, Madurai District, permitting the continued operation of the stone crusher unit/s under the name and style of M/s.Gopalsamy Blue Metals, being run by the sixth respondent herein, namely, Pari, son of Gopalsamy / petitioner in W.P.(MD) No.9406 of 2020.