Murugan v. The District Collector

ORDER The petitioner has approached this Court seeking a Writ of Mandamus forbearing the respondents 1 to 3 and their subordinates from interfering with or obstructing, in any manner, the levelling and reclamation of the petitioner's agricultural land comprised in Survey No.370/10, by transporting soil from the adjacent land comprised in Survey No.362/4A, measuring an extent of 0.28.50 Ares, situated at Mannadimangalam Village, Vadipatti Taluk, Madurai District, which is undertaken solely for agricultural and cultivation purposes. The petitioner has also sought for a consequential direction to direct the respondents 2 to 6 to act strictly in accordance with Rule 6(1) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Page3 of 6

¶2The petitioner appears to be an Advocate, who is also engaged in agricultural operations in his land. It is the case of the petitioner that he intended to transport soil from the adjacent land belonging to one Chinnan to his agricultural land for the purpose of levelling the same. In this regard, the petitioner appears to have approached the second respondent. However, the respondents 5 and 6 are stated to have objected to the transportation of the soil, contending that the petitioner could not transport the same without obtaining prior permission. Consequently, the petitioner submitted representations dated

18.06.2026 and 19.06.2026 requesting the authorities to permit him to complete the levelling of his land comprised in Survey No.370/10.

¶3The second respondent has now filed a report dated 29.07.2026, wherein, in paragraph 8, it is stated as follows:- ''8. Accordingly, the petitioner is at liberty to make an application seeking permission to carry out land reclamation in patta land through the online MIMAS Portal under Rule 19(1) of the Tamil Nadu Minor Mineral Concession Rules, 1959, as per the instructions issued by the Director of Geology and Mining, Chennai.''

¶4In paragraph 5 of the report, it is further stated that, pursuant to the directions issued by this Court on 19.06.2026, the Assistant Geologist (Mines), along with the Special Deputy Tahsildar (Mines) and the Village Administrative Officer, Mannadimangalam Village, inspected the subject lands on 30.06.2026 Page4 of 6 and submitted an inspection report. The report states that the land comprised in S.F.No.370/10, measuring an extent of 0.24.50 hectares in Mannadimangalam Village, Vadipatti Taluk, stands registered in the name of the petitioner in the revenue records and patta. It further states that the land proposed for excavation, comprised in S.F.No.362/4A, stands registered in the name of Nagarajan in the revenue records and patta. The relevant portion of the report reads as follows:- ''5. …… It is revealed from the field inspection that a heap of soil having an approximate height of 1.5 metres above the existing ground level is present on the western side of the land and the aerial distance between the two lands is approximately 300m and the said lands can be accessible each other through the patta lands in S.F.Nos.363, 375, 374 and S.F.No.373 classified as Government vaikkal poramboke of Mannadimangalam Village.''

¶5Considering the fact that the petitioner is required to follow the prescribed procedure, this Writ Petition is disposed of with a direction to the petitioner to submit an appropriate application under Rule 19(1) of the Tamil Nadu Minor Mineral Concession Rules, 1959, before the competent authority.

¶6In the event the petitioner secures the requisite permission for land reclamation, the respondents 5 and 6 shall extend adequate police protection to enable the petitioner to carry out the reclamation work in accordance with such permission and without any unlawful interference. Page5 of 6

¶7Upon receipt of such an application, the competent authority shall consider and dispose of the same, on its own merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of its receipt.

¶8Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. 29-07-2026 Index: Yes/No Speaking/Non-speaking order smn2 To

¶1The District Collector Madurai District.

¶2The Deputy Director, Department of Mines and Geology, Madurai District.

¶3The Tahsildar, Vadipatti Taluk, Madurai District.

¶4The Deputy Superintendent of Police, Samayanallur, Madurai District.

¶5The Inspector of Police, Kadupatty Police Station, Madurai.

¶6The Inspector of Police, Solavandhan Police Station, Madurai. Page6 of 6

C.SARAVANAN, J. smn2 29-07-2026

Page1 of 6 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN Murugan S/o.Muthu, Kannudayalpuram, Mannadimangalam Post, Vadipatti Taluk, Madurai District. ..Petitioner(s) Vs 1. The District Collector Madurai District. 2. The Deputy Director, Department of Mines and Geology, Madurai District. 3. The Tahsildar, Vadipatti Taluk, Madurai District. 4. The Deputy Superintendent of Police, Samayanallur, Madurai District. 5. The Inspector of Police, Kadupatty Police Station, Madurai. 6. The Inspector of Police, Solavandhan Police Station, Madurai. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents 1 to 3 and their subordinates from interfering in any manner obstructing the leveling and reclamation of the petitioner agricultural land comprised in survey No.370/10 from the adjacent land in survey No. 362/4A, measuring an extent of 0.28.50 ares, situated at Mannadimangalam Village, Vadipatti Taluk, Madurai District Page2 of 6 undertaken solely for agricultural and cultivation purposes and consequently direct respondents 2 to 6 to act strictly in accordance with rule 6(1) of the Tamil Nadu Mines Mineral Concession Rules, 1959, and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.J.Malai Raja For Respondent(s): Mr.R.Parthiban Standing Counsel for the State of Tamil Nadu for R1 to R3 Mr.P.Vetrivel Government Advocate (Criminal side) for R4 to R6