Madras High Court
Environmental LawAdministrative and Public Law

Relief against licensed quarrying requires a direct challenge to the mining lease.

M.VISALATCHI vs THE CHAIRPERSON

Madras High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Relief against licensed quarrying requires a direct challenge to the mining lease.. M.VISALATCHI vs THE CHAIRPERSON. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 3–5

The 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. 4–6

The petitioners sought action against the units without challenging the licences themselves

Source reference: p. 6
02

Issues

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. 6

2. 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. 6
03

Law 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. 6

Where 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. 6
04

Reasoning

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. 5–6

It 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. 6

Since 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. 6
05

Holding

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. 7
Madras High Court

Original Court PDF

M.VISALATCHIvsTHE CHAIRPERSON

Madras High Court · September 24, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment