R.Shanmugasundaram v. The District Collector

ORDER The petitioner seeks issuance of a writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated

01.09.2025 and to direct the respondents 6 and 7 or any other person not to construct the building in and around the petitioner's quarry and crushing machineries in the name of Sri Balaji Blue Metals situated in Survey No.456/3C1, to an extent of 1.17.0 Hectares at Karamadai Village, Mettupalayam Taluk, Coimbatore District, within the prohibited distance from the quarry and crushers unit.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 5.

¶3The case of the petitioner is that the petitioner has been granted quarry license, which is subsisting, and the petitioner is carrying on quarrying business. However, the respondents 6 and 7 are now putting up construction within the prohibited distance of 500 metres. I have found from the typed set of papers that the writ petitioner, complaining of similar construction and layout of properties within the prohibited distance, had approached this Court and this Court in W.P.No.32930 of 2024, by order dated 21.12.2024, directed the authorities to dispose of the petitioner's representation and consider the petitioner's objections.

¶4In the light of the similar orders passed by this Court, I am inclined to dispose of this writ petition, directing the 3rd respondent to conduct due enquiry by considering the petitioner's objections, give notice to the respondents 6 and 7, who are putting up construction, which, according to the petitioner, is within the prohibited distance of 500 metres from the quarrying unit and after conducting due enquiry and giving a personal hearing to the parties, the 3rd respondent shall pass final orders on merits and in accordance with law, within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

¶5In fine, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.10.2025 kak To

1.The District Collector, Coimbatore District, Coimbatore.

2.The Joint Director/Deputy Director/ Assistant Director, District Town and Country Planning, Door No.50, FCI Road, Gandhima Nagar, Ganapathy, Coimbatore – 641 004.

3.The Commissioner, Karamadai Municipality Village, Mettupalayam Taluk

4.The Tahsildar, Mettupalayam Taluk Office, Mettupalayam,

5.The Village President, Karamadai Village Panchayat, P.B. BALAJI

, J

kak W.P. No.37811 of 2025

03.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.10.2025 CORAM THE HONOURABLE MR. JUSTICE P.B. BALAJI Writ Petition No.37811 of 2025 and W.M.P.No.42259 of 2025 R.Shanmugasundaram ...Petitioner Vs. 1.The District Collector, Coimbatore District, Coimbatore. 2.The Joint Director/Deputy Director/ Assistant Director, District Town and Country Planning, Door No.50, FCI Road, Gandhima Nagar, Ganapathy, Coimbatore – 641 004. 3.The Commissioner, Karamadai Municipality Village, Mettupalayam Taluk 4.The Tahsildar, Mettupalayam Taluk Office, Mettupalayam, 5.The Village President, Karamadai Village Panchayat, 6.Fowziyah Thahaseen 7.Syed Mohammed ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 01.09.2025 and thereby direct the respondents 6 and 7 or any other person not to construct the building in and around the petitioner's quarry and crushing machineries in the name of Sri Balaji Blue Metals situated in Survey No.456/3C1, to an extent of 1.17.0 Hectares at Karamadai Village, Mettupalayam Taluk, Coimbatore District within the prohibited distance from the quarry and crushers unit. For Petitioner : M/s.J.Kamalini For Respondents : Mr.A.Anandan Government Advocate (For R1 to R5)