WP/19631/2025 of M/S.MADHUCON GRANTIES LTD Vs THE DISTRICT COLLECTOR,
WP No. 19631 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 19631 of 2025
and
WMP Nos.22002 & 22004 of 2025
M/s.Madhucon Granities Ltd
Rep.by its Authoised Signatory
Madhu Complex
Jubilipura, Khammam,
Telangana 507 003.
..Petitioner(s)
Vs
1. The District Collector,
Thiruvannamalai District,
Tamil Nadu.
2. The Director,
Department of Geology and Mining
Thiru Vi Ka Industrial Estate
Guindy, Chennai 600 032.
3. The Assistant Director,
Department of Geology And Mining
Thiruvannamalai.
..Respondent(s)
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WP No. 19631 of 2025
Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Certiorari, to call for the records of the 1st r espondent bearing
Rc.No.141 / Kanimam /2015 dated 18/09/2024 and to quash the same.
For Petitioner: Mr.A.Palaniappan
For Respondents: Mr.Stalin Abimanyu for R1 to R3
Additional Government Pleader
ORDER
This petition has been filed challenging the impugned order of the f irst
respondent dated 18.09.2024 and seeking to quash the same.
2.The learned counsel for the petitioner would submit that, the
Government of Tamil Nadu, vide G.O. (3D) No.10 Industries (MME-II)
Department dated 18.02.2008, granted a quarry lease in favour of the petiti oner
for quarrying black granite over an extent of 2.39.5 hectares of land si tuated in
Edakkal Village, Chengam Taluk, Thiruvannamalai District for a period of 20
years. Through the orders dated 29.10.2025, 27.01.2016, 13.05.2016 and
14.07.2016, the time limit for submission of the Environmental Clearance
Certificate was extended upto 630 days. The petitioner obtained the
Environmental Clearance on 06.07.2016. Since the respondents refused to issue
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WP No. 19631 of 2025
despatch permits, the petitioner filed W.P No.7536 of 2019 to consider the
application dated 24.10.2018 for issuance of despatch/transport permits and the
same was disposed of by order dated 21.06.2019 directing the 2 nd respondent to
process the petitioner’s application. The first respondent District Collector,
issued a notice dated 09.07.2019, demanding a sum of Rs.99,53,248/- towards
the cost and penalty of the mineral being 141.628 cubic meters of black granite
which were transported during the period from 15.01.2016 to 05.07.2016.
Challenging the said notice, the petitioner filed W.P No.27182 of 2020 befor e
this Court. The 2nd respondent rejected the application for approval of 2nd
scheme of mining through order dated 15.-07.2019 and against which, the
petitioner filed W.P No.27183 of 2020 before this Court and both the petiti ons
were dismissed by this Court. Aggrieved by the same, the petitioner pr eferred
W.A.No.290 & 291 of 2021 before this Court and the same were disposed of
on 17.10.2023 directing the petitioner to submit its reply to the responde nts in
respect of demand notice dated 09.07.2019. During the pendency of the writ
appeals, the 2 nd respondent granted approval for the 3 rd scheme of mining. On
12.01.2024, the petitioner submitted its reply to the 1 st respondent. Without
considering its reply, the first respondent District Collector, Thiruva nnamalai
passed the impugned order dated 18.09.2024, reiterating the earlier demand.
Since the petitioner obtained Environment Certificate on 06.07.2016 prior t o
630 days i.e before 10.01.2017, the impugned order reflects non-application of
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WP No. 19631 of 2025
mind and is liable to be set aside. Accordingly, he prayed for appr opriate
orders.
3.The learned Additional Government Pleader appearing for the
respondents would fairly submit that this Court may set aside the im pugned
order and remand the matter back to the first respondent / Distr ict Collector for
fresh consideration.
4.Heard the learned counsel appearing on either side and perused the
materials on record.
5.Considering the submissions mad by both sides, the impugned order
dated 18.09.2024 passed by the first respondent is set aside, and the matter is
remanded back to the third respondent for fresh consideration, limite d solely to
ascertaining whether any excess quarrying was carried out during the lease
period. The third respondent shall conduct an enquiry and pass appropriate
orders in accordance with law, after affording a reasonable oppor tunity of
hearing to the petitioner, within a period of twelve (12) weeks from the date of
receipt of a copy of this order.
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WP No. 19631 of 2025
6. With the above directions, this Writ Petition stands disposed of. T here
shall be no order as to costs. Consequently, connected miscellaneous peti tions
are closed.
01-04-2026
Index: Yes/No (4/4)
Speaking/Non-speaking order
Neutral Citation: Yes/No
Uma
To
1. The District Collector,
Thiruvannamalai District, Tamil Nadu.
2. The Director,
Department of Geology and Mining Thiru Vi Ka
Industrial Estate, Guindy, Chennai 600 032.
3. The Assistant Director,
Department of Geology And Mining
Thiruvannamalai.
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WP No. 19631 of 2025
M.DHANDAPANI, J.
Uma
WP No. 19631 of 2025 and
WMP Nos.22002 & 22004 of 2025
(4/4)
01-04-2026
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