1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9465 of 2011 and M.P.(MD).No.1 of 2011 T.Andi Nadar ... Petitioner Vs. 1. The District Collector, Tuticorin District, Tuticorin. 2. The Assistant Director, Department of Geology and Mining, Tuticorin District, Tuticorin. 3. The Tahsildar, Tiruchendur Taluk, Tuticorin District. 4. R.Ganesan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to take appropriate action against the fourth respondent herein for conducting illegal and unauthorized quarrying activities in Survey Nos.758/1 A, 758/1 B and S.No.774/1, 774/2A in the agricultural Patta lands situated at Manaduthandupathu Village, Tiruchendur Taluk, Tuticorin District. For Petitioner : M/s. R.Vijayakumar For R1 to R3 : Mr.B.Pugalendhi Special Govt. Pleader O R D E R The petitioner has sought for a Mandamus directing respondents 1 to 3 herein to take appropriate action against the fourth respondent herein for conducting illegal and unauthorized quarrying activities in Survey Nos.758/1 A, 758/1 B and S.No.774/1, 774/2A in the agricultural Patta lands situated at Manaduthandupathu Village, Tiruchendur Taluk, Tuticorin District. 2. According to the petitioner, he is an agriculturist and he owns a land in Survey Nos.760/1 and 760/2 situated at Manaduthandupathu Village. His wife owns a land in Survey https://hcservices.ecourts.gov.in/hcservices/ 2 Nos.758/2 and 759 situated in the above said village. The fourth respondent has purchased land in Survey Nos.758/1A, 758/1 B and 774/1, 774/2A situated at Manaduthandupathu Village, which is adjacent to the agricultural lands of the petitioner. The fourth respondent, instead of doing agriculture in the said land, is involved in supplying sand for the construction of Kulasakeranpatti Thermal Power Station. He has further contended that the fourth respondent in violation of the Government Orders, is quarrying in agricultural Patta land and that too, to the depth of over six to ten meters using JCB's and heavy lifting equipments, which is prohibited, even in the authorised Government quarry sites. In such circumstances, the petitioner has sent a representation dated 10.09.2010 to the first and third respondents herein through registered post. Since no action has been taken so far, the petitioner has come forward with the present Writ Petition, for the reliefs stated supra. 3. Considering the averments made in the supporting affidavit and also considering the limited relief sought for, Mr.B.Pugalendhi, learned Special Government Pleader, was put on notice. 4. Perusal of the representation dated 10.09.2010 shows that due to alleged illegal quarrying activity carried on by the fourth respondent in Survey Nos.758/1A, 758/1 B and 774/1, 774/2A in agricultural Patta lands situated at Manaduthandupathu Village, Tiruchendur Taluk, Tuticorin District, the agricultural activities of the petitioner are affected and because of quarry operations, there is also water stagnation. Excepting the above, there are no materials to substantiate the prayer, as sought for, in the writ petition that the fourth respondent has been conducting illegal and unauthorized quarrying activities, so as to enable respondents 1 to 3 herein to take appropriate action against the fourth respondent. If the agricultural activities of the petitioner are affected, it is for him to establish the same before the competent Court, by adducing oral and documentary evidence. Quarrying sand in patta land has been permitted by the competent authority, under the Tamil Nadu Minor Mineral Concession Rules, 1959, to conduct quarry operations and in such circumstances, it cannot be said to quarrying is illegal or unlawful. The representation dated 10.09.2010 does not disclose any contravention of the provisions contained in the Tamil Nadu Minor Mineral Concession Rules, 1959. 5. For the reasons stated supra, this Court is of the view that the petitioner has not established the contention that the fourth respondent is conducting illegal and unauthorized quarrying activities in Survey Nos.758/1A, 758/1 B and 774/1, 774/2A in agricultural Patta lands situated at Manaduthandupathu Village, Tiruchendur Taluk, Tuticorin District. Hence, Mandamus as sought for cannot be granted and the Writ Petition stands dismissed accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector, Tuticorin District, Tuticorin. 2. The Assistant Director, Department of Geology and Mining, Tuticorin District, Tuticorin. 3. The Tahsildar, Tiruchendur Taluk, Tuticorin District. +One cc to Mr.R.Vijayakumar, Advocate, SR.No.28734 +One cc to The Spl. Govt. Pleader, SR.No.28839 akv rl/6c – 29.8.2011 W.P.(MD)No.9465 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/