IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.6983 of 2011 K.Jayapal .. Petitioner. Versus The District Collector, Tiruvallur District, Tiruvallur. .. Respondent. PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to take appropriate immediate action on the petitioners representations, dated 22.2.2011 and 10.3.2011, thereby to enable the petitioner to enter upon the area permitted or quarrying for 30 days as per the respondents proceedings in Na.Ka.No.248/2007/Kanimam 2, dated 18.2.2011, from the date of commencement of his quarrying operation, if necessary through any other alternative pathway if identified by the respondent, by issuing a revised order. For Petitioner: Mr.R.Thiagarajan, Senior Advocate for Mr.G.Munirathnam For Respondent: Mr.R.Thirugnanam, SGP for R1 O R D E R Heard Mr.R.Thiagarajan, learned Senior Advocate, appearing on behalf of the petitioner and Mr.R.Thirugnanam, the learned counsel appearing on behalf of the respondent. 2. It has been stated that the petitioner had been granted the necessary permission by the District Collector, Tiruvallur District, the respondent herein, vide his proceedings, dated 18.2.2011, under Rule 12 of the Tamil Nadu Minor mineral Concession Rules, 1959, to quarry 3000 lorry loads or 18000 cubic metres of `Savudu Earth’ for thirty days, from 18.2.2011 to 19.3.2011, in S.F.No.695, PWD Eri, in Narayanapuram Village, Pattaraiperumputhur Madura, Tiruvallur District, on payment of the appropriate seigniorage fee, by the petitioner. 3. It had also been stated that the petitioner had remitted a sum of Rs.3,60,000/- towards the seigniorage fee payable by the petitioner and a sum of Rs.36,000/-, as Security Deposit and a sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.500/- for the area assessment. It has been further stated that one Kuberan, the previous President of Pattaraiperumpudur Panchayat, had blocked the access to the quarry site, preventing the petitioner from quarrying `Savudu Earth’ pursuant to the proceedings of the respondent, dated 18.2.2011. In such circumstances the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 4. The learned counsel appearing on behalf of the respondents, had submitted, on instructions, that the petitioner could locate an alternate pathway for taking the quarried `Savudu Earth’, from S.F.No.695, pursuant to the lease granted in his favour, by the proceedings of the respondent, in Na.Ka.No.248/2007/Kanimam-2, dated 18.2.2011, based on which the petitioner is said to have deposited the entire lease amount. 5. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondent, it is open to the petitioner to locate an alternate pathway for transporting the quarried `Savudu Earth’, and it should be submitted to the respondent for obtaining the necessary approval. Thereafter, the respondent shall conduct an enquiry, with regard to the feasibility of the petitioner using the alternate pathway suggested by him, for transporting the `Savudu Earth’, after giving a reasonable opportunity of hearing to all the persons concerned, and pass appropriate orders thereon, permitting the petitioner to transport the quarried `Savudu Earth’, from the quarry site in question, as per the proceedings of the respondent, dated 18.2.2011, and as per the relevant provisions of law. The writ petition is ordered accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To The District Collector, Tiruvallur District, Tiruvallur. 1 cc To Mr.G.Munirathnam, Advocate, SR.27789. 1 cc To The Government Pleader, SR.28000. W.P.No.6983 of 2011 UG(CO) RVL 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/