M DEVARAJ Vs. DISTRICT COLLECTOR, TIRUPPUR DISTRICT; DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING CORPORATION COMPLEX

JUDGEMENT

(1.) THIS Writ Petition has been filed seeking to forbear the respondents 1 to 4 from granting any planning permission to construct any building within 300 mts from quarrying site without getting prior approval from the Director of Geology and Mining and also take appropriate action against the fifth respondent for the unauthorized constructions made in S.No.311/3 and 311/4b of Kodangipalayam Village, Palladam Taluk, Tiruppur District.

(2.) LEARNED counsel appearing for the petitioner would submit that the first petitioner was granted permission to quarry rough stone/ gravel in patta land comprised in S. No.312/3, 313/1 and 314/2 (part) over an extent of 2.53.0 Hectares in Kodangaipalayam Village, Palladam Taluk, Tiruppur District for a period of 5 years from 01.05.2013 to 30.04.2018 as per District Collector's proceedings in Na.Ka. No. 230/Mines/2012 dated 01.05.2013. The second petitioner was also granted permission to quarry rough stone/ gravel in patta land comprised in S.No.315/2D (part) over an extent of 1.22.0 Hectares in the same village for a period of 5 years from 06.01.2011 to 05.01.2016 as per District Collector's proceedings in Na.Ka.No.266/Mines/2010 dated 06.01.2011. Learned counsel appearing for the petitioners submitted that the third petitioner was granted permission to quarry in patta land comprised in S.No.314/1A (part), 314/1B (part) and 324/2B over an extent of 3.41.5 Hectares in the same village for a period of 5 years from 28.08.2014 to 27.08.2019 as per District Collector's proceedings in Na.Ka.No.215/Mines/2012 dated 24.07.2014. The fourth petitioner was granted permission to quarry rough stone/ gravel in patta land comprised in S.No.312/4 (part) over an extent of 0.94.0 Hectares in the same village for a period of 5 years from 22.07.2013 to 21.07.2018 as per District Collector's proceedings in Na.Ka. No.309/Mines/2012 dated 22.07.2013. Adding further, he submitted that the fifth petitioner was also granted permission to quarry in patta land comprised in S.No.311/2 (part) over an extent of 0.67.0 Hectares in the same village for a period of 5 years from 10.08.2011 to 09.08.2016 as per District Collector's proceedings in Na.Ka.No. 194/ Mines/2009 dated 10.08.2011. Similarly, for the sixth petitioner also permission was granted for quarry works in S.No.312/2 over an extent of 0.85.0 Hectares in the same village for a period of 5 years from 05.01.2011 to 04.01.2016 as per District Collector's proceedings in Na.Ka.No. 197/ Mines/2009 dated 05.01.2011. Learned counsel further submitted that the quarrying operations are carried out as per Mining Rules as well as Lease conditions.

(3.) WHILESO , the 5th respondent purchased a land comprised in S. No. 311 and the same is sub divided as S. No.311/3 having an extent of 0.88.50 hectares and S.No.311/4B over an extent of 0.72.0 hectares in Kodangipalayam Village, Paladam Taluk from one K. Natarajan and another person by name K. Rathinasamy, under the registered sale deed dated 17.12.2014. In these background the grievance of the petitioners is, when the stone quarrying permission has been granted in favour of K. Rathinasamy as per the proceedings of the District Collector in Na.Ka. No.655/Mines/2010 dated 26.02.2011 for a period of five years, commencing from 26.02.2011 to 25.02.2016, when the said area was subjected to quarrying operations for the period from 16.08.2005 to 15.08.2010 and the 5th respondent herein, while purchasing the area also stated that he is going to continue the quarrying operations in the said land, all of a sudden he commenced construction activities on the said land. On further enquiry, it was found that the 5th respondent, without obtaining any planning permission from the competent authorities tried to put up construction for industrial establishment. As per Rule 36 (1 -A)(c) of the Tamil Nadu Minor Minerals Concession Rules, 1959 no new layout/ building plans, falling within 300 mts from any quarry, should be given approval by any agency unless prior clearance of the Director of Geology and Mining is obtained. Adding further, he would submit that even as per Rule 36 (1 -A) (a) no lease shall be granted for quarrying stones within 300 mts., from any inhabited site. Therefore, finding that the 5th respondent without getting prior permission from the competent authority had started the construction in the said area for Industrial site, which leads to problem for conducting the quarrying operation to the petitioners, made a representation to the respondents 1 to 4 to take necessary action against the 5th respondent, for commencement of unauthorised construction but till date no action has been taken. Aggrieved by the inaction of the respondents 1 to 4, the petitioners have come before this Court.