M.V. Muralidaran, J. - (1.) This writ petition has been filed as public interest writ petition for issuance of Writ of Certiorari calling for the records relating to the proceedings of the impugned Notification in Na.Ka. No. 345/2016 - Mineral dated 01-08-2016 published in the Madurai District Gazette dated 2.8.16 on the file of the first respondent and quash the same.
(2.) The Petitioner has come with the writ petition as public interest litigation challenging the impugned notification issued by the first respondent to issue license to quarry stone in the un-assessed waste land belong to the Government situated in S.No.418, Mettupatti Village, Vadipatti Taluk, Madurai District stating that the said land is Hillock and the said survey number totally consist of 175.45.0 Hectare land, wherein the villagers are carrying agriculture operation over an extent of 100 acres and the agriculture is the only source of livelihood for the villagers and the petitioner is also doing agriculture operation. Further the Forest Department has planted trees in the rest of the land under Social Forest Scheme, there is no access to the site and the same is through the water channel only and it would be destroyed if vehicles go through it and there are various wildlife, natural medicine etc., further there is no registered women self help group or bonded labourers available as on date but without considering all these, the impugned notification is issued.
(3.) The further contention of the petitioner is that earlier one M/s. Athees Hard Flooring, doing business in stone crusher approached the government for permission to mine the hillock. The petitioner herein and other agriculturist gave complaint to the 5th respondent and Panchayat council also passed resolution on 6.11.13 requesting not to permit any mining in the said survey number. However, later on he came to know that the said Athees Hard Flooring Firm entered into Memorandum of Understanding with the government for mining lease. Thus, again the petitioner and as well as the 5th respondent Panchayat preferred complaint and in turn, as per the direction of the 1st respondent, the 3rd respondent inspected the land so as find out the feasibility of bringing the above said land for quarrying operation. The 3rd respondent has submitted report on 4.2.16 to the 1st respondent recommending not to proceed for granting of license as there is no access to the quarry site and the agriculture operation may affect.;