R. AYYANAR Vs. DISTRICT COLLECTOR AND OTHER

JUDGEMENT

(1.) The writ petition is filed as a 'Public Interest Litigation' by a resident of Kottaiyur, Maharajapuram (Via), Srivilliputhur Taluk, Virudhunagar District, who said to have carried on agricultural oriental business including selling paddy, dal, banana, coconut, etc., and he is also an income tax assessee. The grievance expressed by the petitioner is that the first respondent had invited tender for granting licence to quarry rough stone in Survey No. 705/1 and 705/2 at Kottaiyur Village, Srivilliputhur, Virudhunagar District, apart from inviting applications in respect of 11 other sites in Rajapalayam and Vembakottai Taluks.

(2.) The learned counsel for the petitioner has drawn the attention of this Court to the typed set and additional typed set and would submit that even prior to the issuance of the impugned Notification, dated 24.02.2018, objections were resisted as to the restarting of the stone quarry in the said Survey Numbers and in this regard, meetings were also conducted by the residents of Kottaiyur Village and that apart, the Grama Sabha has also passed a resolution and forward the same to the first respondent and without properly considering their objections, sentiments, the respondents are proceeding with the auction. It is the further submission of the learned counsel for the petitioner that the tender process in respect of the said survey numbers cannot go on, for the reasons enumerated in Paragraph No. 3 of the affidavit filed in support of this writ petition and it is relevant to extract the same:

(3.) Attention of this Court has also been invited to the photographs and vehement submission of the learned counsel for the petitioner is that in the event of the permission being accorded to quarry rough stone, definitely explosives would be used and it would definitely cause nuisance and air pollution and it would also affect the water body and that apart, about 20 kms. away, a Grizzled Squirrel Wildlife Sanctuary at Shenbaga Thoppu is located and within 10 kms., forests, comes under the jurisdiction of Sathuragiri Forest Division and Sundarapandian Forest Range, are also located and it will also lead to psychological and environmental disaster and therefore, prays for appropriate orders to quash the impugned Notification insofar as the commencement of the quarrying operation in Survey No. 705/1 and 2 of Kottaiyur Village, Srivilliputhur, Virudhunagar District.