BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 05/07/2011
Coram
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
Writ Petition(MD)No.10848 of 2005
A. Ganesan,
S/o. Antony Nadar,
Chettivilai Puthan Veedu,
Keralapuram,
Kanyakumari District. ...... Petitioner
Vs
1. The State of Tamil Nadu,
represented by the Commissioner
and Secretary to Government,
Environment and Forest Department,
Chennai - 9.
2. The State of Tamil Nadu,
represented by the Commissioner
and Secretary to Government,
Industries Department,
Fort. St. George,
Chennai - 600 009.
3. The Director of Town and
Country Planning,
807, Anna Salai,
Chennai - 600 002.
4. The Collector of Kanyakumari District,
Nagercoil.
5. Hill Area Conservation Authority,
Directorate of Town and Country Planning,
No.807, 3rd Floor, Anna Salai,
Chennai - 2.
(R-5 impleaded as per the order
dated 16.11.2006 in M.P.(MD)No.1 of 2006
in W.P.No.10848 of 2005) ...... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to direct the fourth respondent
Collector of Kanyakumari District to renew the rough stone quarrying licence to
the petitioner in Survey No.165 Kalkulam Taluk, Kanyakumari District, without
getting the clearance certificate from the Hill Area Conservation Authority.
!For Petitioner ... Mr. A. Selvaraj
^For Respondents... Ms. D. Muruganandam for R-1 and R-4
Additional Government Pleader
- - - - - - - -
:ORDER
The petitioner has invoked the extra ordinary jurisdiction of this
Court under Article 226 of the Constitution of India, with a prayer for issuance
of a Writ in the nature of a Mandamus to direct the fourth respondent Collector
of Kanyakumari District to issue the rough stone quarrying licence to the
petitioner, in Survey No.165 Kalkulam Taluk, Kanyakumari District, without
getting the clearance certificate from the Hill Area Conservation Authority.
2. In the Affidavit filed in support of this writ petition, the
petitioner has pleaded that he is a Class I Government Contractor, and has
undertaken number of Government works of the Public Works Department and
Highways Department. In order to carry out the contract work, the petitioner is
in need of stones, sand and cement. For that purpose, he purchased a stone
quarry in Old Survey No.6203, New Survey No.165/87 and old Survey No.6200 New
Survey No.163/87 measuring 2 acres 95 cents at Marunthukkottai, Kalkulam
Village, Kalkulam Taluk, Kanyakumari District in the year 1993 and 1994
respectively.
3. The petitioner invested huge amount for installing the crusher
for crushing the stones in the purchased plot. The petitioner was granted
permission for the period of five years from 20.12.1995 to 19.12.2000. The
petitioner was thereafter directed to get the new licence.
4. In pursuance thereof, the petitioner applied for grant of the
licence on 23.11.2000 after payment of necessary fees.
5. Since the licence was not granted, the petitioner filed a
representation dated 12.11.2002. The petitioner along with the representation
also filed a certificate issued by the Conservator of Forest, Tirunelveli
Circle, Tirunelveli, Report of the Tahsildar, Kalkulam, Consent letter of Tamil
Nadu Pollution Control Board, Report of District Forest Officer, the certificate
issued by the Department of Agricultural Engineering and the certificate issued
by the Assistant Geologist, Department of Geology and Mining, Nagercoil and that
of Assistant Director, Geology and Mining, Nagercoil along with the
recommendation letter for grant of licence for five years by the R.D.O.,
Kalkulam, Kanyakumari District.
6. The application moved by the petitioner was duly recommended by
the fourth respondent to the Special Commissioner, Town and Country Planning,
Chennai for getting clearance of Area Conservation Authority.
7. It is the case of the petitioner that the Hill Area Conservation
Authority considered the matter on 17.08.2005, but decided to defer the request
because of the pendency of the writ petition, which according to the petitioner
stands dismissed, against which an Appeal in W.A.No.1336 of 2002 is pending.
8. It is also the case of the petitioner that the Hill Area
Conservation Authority did not reject his application, but merely deferred it,
in view of the pendency of W.A.No.1336 of 2002.
9. It is the case of the petitioner that in the writ appeal,
implementation of the TNPPF Act in Kanyakumari District has been stayed by the
Principal Bench. It is also the case of the petitioner that the area, in
possession of the petitioner, is not sufficient to be declared as private forest
by the fourth respondent committee. The petitioner has raised a plea that the
the provisions of Preservation of Private Forest Act, does not apply to the case
of the petitioner, and by placing reliance on the interim injunction granted in
the writ appeal, learned counsel for the petitioner prays for necessary
direction to the respondents, to consider and grant the licence applied for.
10. It is not in dispute that the petitioner, before approaching
this Court, has filed a representation with the fourth respondent / Collector of
Kanyakumari District, Nagercoil for taking decision on the application moved by
the petitioner. It is admitted by the learned counsel appearing for the parties,
that so far no decision has been taken on the application for grant of licence.
11. Consequently, at this stage, this writ petition is disposed of,
with a direction to the respondents to take a final decision on the application
made by the petitioner for grant of licence, and in case the respondents decide
to reject the claim of the petitioner, they shall pass a detailed speaking
order, giving reasons therefor. The order on the application be passed within a
period of two months, from the date of receipt of a certified copy of this
order.
No costs.
Dpn/-
To
1. The Commissioner
and Secretary to Government,
State of Tamil Nadu,
Environment and Forest Department,
Chennai – 9.
2. The Commissioner
and Secretary to Government,
State of Tamil Nadu,
Industries Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of Town and
Country Planning,
807, Anna Salai,
Chennai – 600 002.
4. The Collector of Kanyakumari District,
Nagercoil.