Rasu v. The District Collector

O R D E R [Order of the Court was made by M.SUNDAR, J.] In the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity, convenience and clarity) a notification dated 21.09.2023 bearing reference Na.Ka.No.611/2022 (g[/k/R) calling for applications from 'Self Helf Groups (??? ????????????????? ?????????)' known as 'SGSYs' and bonded labourers who have been rescued for stone quarry in 32 different survey numbers admeasuring different extents all in Pudukottai District have been called in question.

¶2Mr.C.Bharathi, learned counsel submitted that the site of the quarry is covered by Sl.Nos.1 to 3 in the impugned notification dated

21.09.2023. To be noted, the details of land in the impugned notification is as follows: Page No.2 of 6 Learned counsel submitted that he is concerned with Sl.Nos.1, 2 and 3 in the aforementioned tabulation and that the PIL petitioner in the captioned matter is not concerned with the remaining 29 serial numbers.

¶3Learned counsel submitted that the quarry site is in violation of Rule 36(1-A)(a) of 'The Tamil Nadu Minor Mineral Concession Rules, 1959' (hereinafter 'said Rules' for the sake of convenience and clarity) as according to petitioner it is situate within 300 metres from an inhabited site.

¶4Issue notice. Mr.P.Thilak Kumar, learned Government Pleader, accepted notice for both the respondents. Page No.3 of 6

¶5Learned Government Pleader submitted, on instructions, that the response was lukewarm and applications were received only with regard to two survey numbers, in other words, two applications were received from SGSYs or rescued bonded labourers. Therefore, the notification was widened and application was called for from general public vide another notification dated 26.10.2023. Learned Government Pleader has placed before us a copy of the notification and the same is as follows:

¶6It is pointed out that Sl.Nos.1 to 3 which the PIL petitioner is concerned for is now not forming part of new notification dated

26.10.2023. Page No.4 of 6

¶7Owing to the aforementioned trajectory, with the consent of both sides main WP was taken up in the 'Admission Board'.

¶8Learned counsel for petitioner very fairly submitted that the anxiety of the PIL petitioner is now doused and therefore, the captioned PIL petition can be disposed of as closed.

¶9To be noted the aforementioned three serial numbers do not form part of the fresh notification dated 26.10.2023 and that is the crux of the matter.

¶10In the light of the narrative thus far, captioned WP is disposed of as closed recording the stated position of both sides. Consequently captioned writ miscellaneous petition is also disposed of as closed. There shall be no order as to costs. (M.S., J.) (R.S.V., J.)

02.11.2023 Index : Yes Internet : Yes PKN Page No.5 of 6

M.SUNDAR, J. and

R.SAKTHIVEL, J. PKN To

¶1The District Collector, Pudukottai District, Pudukottai.

¶2The Assistant Director, Geology and Mining Department, Pudukottai District, Pudukottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

02.11.2023 Page No.6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2023 CORAM : THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P.(MD) No.22561 of 2023 Rasu ... Petitioner vs. 1. The District Collector, Pudukottai District, Pudukottai. 2. The Assistant Director, Geology and Mining Department, Pudukottai District, Pudukottai. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned notification in Na.Ka.No.611/2022 (g[/k/R) dated 21.09.2023 on the file of the first respondent in respect of Survey No.183/1 (Part 1) to an extent of 1.76.00, Survey No.183/1 (Part 2) to an extent of 2.00.00, Survey No. 183/1 (Part 3) to an extent of 2.00.00 in Melur Village, Kulathur Taluk and quash the same as arbitrary illegal, violative of environmental norms and violation principles of natural justice. Page No.1 of 6 For Petitioner : Mr.C.Bharathi For Respondents : Mr.P.Thilak Kumar Additional Public Prosecutor assisted by Mr.M.Senthil Ayyanar Government Advocate