Facts
The petitioners sought a mandamus directing the Tamil Nadu Pollution Control Board to act against respondents 4–10, who operated quarrying, crushing and related units in Myvadi Village, alleging that the activities violated the 300-metre restriction under the Tamil Nadu Minor Mineral Concession Rules, 1959
Source reference: pp. 3–5The State submitted that the private respondents held valid mining licences, issued after inspection and recommendation, and that the leases had existed since 2013; it also disputed that an approved layout was within the prohibited distance when the leases were granted
Source reference: pp. 4–6The petitioners sought action against the units without challenging the licences themselves
Source reference: p. 6Issues
1. Whether the Court could grant a direction to act against the licensed quarrying and related activities when the petitioners had not challenged the respondents’ mining licences
Source reference: p. 62. Whether the petitioners should pursue the statutory appeal under Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959, rather than seek the requested relief in a writ petition
Source reference: p. 6Law Applied
Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959 provides an appellate remedy before the Appellate Authority/Commissioner of Geology and Mining for persons aggrieved by a mining lease
Source reference: p. 6Where the requested relief concerns activities conducted under valid licences, and those licences have not been challenged, the Court may decline to grant the relief; an aggrieved party may instead pursue the available statutory remedy
Source reference: p. 6Reasoning
The Court noted that the private respondents held valid mining licences and that the petitioners’ allegations concerning the prohibited distance were disputed
Source reference: pp. 5–6It declined to determine those factual disputes because the petition sought action against the quarrying activities without challenging the licences under which they operated
Source reference: p. 6Since Rule 36-C provided an effective remedy to challenge the leases, the Court held that the requested relief could not be granted in this writ petition
Source reference: p. 6Holding
The Court dismissed the writ petition, leaving the petitioners free to pursue their remedy before the appropriate forum, including under Rule 36-C
It made no order as to costs, allowed W.M.P. No. 13127 of 2025 subject to payment of separate court fees, and dismissed the other interim application
Source reference: p. 7Original Court PDF
M.VISALATCHIvsTHE CHAIRPERSON
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