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Judgment
K. Chandru, J.—In W.P.(MD) No. 1977 of 2010 was filed by the President of Nakkaneri Panchayat, Rajapalayam Taluk and one C. Kulandaivelu, said to be a quarry contractor. According to the 2nd Petitioner, he has a right to quarrying the Sy. No. 777/4-A, as it is a virgin quarry and it is renewable right, which is the subject matter of the litigation before the Principal Bench in W.P. No. 14505 of 2002 and the said Writ Petition has ended in his favour and a direction was given for a further lease period of five years from 04.06.2002.
The grievance of the two Petitioners in W.P.(MD) No. 1977 of 2010 was that by a proceedings, dated 29.01.2010, the Deputy Director of Geology and Mines Department, Virudhunagar, has found that the President of Zamin Kollankondan Panchayat, had permitted the location of a College, closure to the stone quarry, which is contrary to Rule 36 of the Tamil Nadu Minor Mineral Concession Rules, 1959.
According to the Deputy Director of Geology and Mining, no building plans or new layout can be sanctioned within 300 meters from the mining site, without prior permission from the Director of Geology and Mining and when they made field inspection, it is found that the proposed College in Zamin Kollankondan Panchayat, has permitted by the Village President is only having 61 meters from the stone quarrying site. Therefore, since the said construction has been permitted and the Panchayat President has given sanction and when he requested the Block Development Officer of Rajapalayam Panchayat Union, to revoke the building plan and advice the College to construct the building after getting prior approval from the Director of Geology and Mining.
It is the grievance of the 1st Petitioner that the President of Nakkaneri Panchayat, despite the said order, no steps were taken to cancel the building plan and if any construction is made contrary to the Government Rules, may result in further consequences. Therefore, requested the Government to prevent the College from carrying on with any further construction. The College was also cited as the 5th Respondent in the said Writ Petition. The said Writ Petition was admitted on 18.02.2010. Pending the Writ Petition, this Court granted interim injunction, restraining from establishing the College in S. Nos. 166/2, 168/3, 168/4, 168/6-A, 168/6-B, 168/7 and 170/3 in Zamin Kollankondan Village, Rajapalayam Taluk.
Pending the Writ Petition in M.P. No. 3 of 2010, injunction was also sought for, to the same Respondents from altering the physical features of the survey numbers set out above. This Court has granted interim injunction on 18.02.2010, for a limited period and subsequently, it was directed to be continued until further orders by a further order dated 16.04.2010.
The College, aggrieved by the said order, has filed a Vacate Stay Application in M.P.(MD)Nos.4 & 5 of 2010, supported by a counter affidavit, dated 17.06.2010. The stand taken by the College was that the order dated 29.01.2010 came to be passed without notice to them and the College has already created an endowment of Rs. 20,00,000/- for starting the College. In paragraph No. 7 of the counter affidavit it was averred as follows:
I submit that the allegation that mines in Survey No. 777/4 is situated within 61 meters of the College Premises are specifically denied as false. I submit that the Survey No. 777 Nakkanery Village is a hillock called Sathan Kovil Rock, Survey No. 782 is Mottai rock and Survey No. 846 is called Tiruppani rock. I submit that Survey No. 777 totally measures about 28 acres. I submit that within the said 28 acres, the Department of Mines and the 1st Respondent in writ petition has also granted permission to the 2nd writ petition to quarry in 0.50.0 Hectares (1.22 Acres) of land only. I submit that the Survey No. 777 Sathan Kovil rock is situated on the north western direction from the College. I submit that the mining operation was conducted by the 2nd writ petition on the northern side of the rock which will be more than 400 meters from the College. I submit that Survey No. 784 and Survey No. 846 will be situated more than 700 meters and 1.2 K.M. respectively from the College land. I submit that at present quarry operations is conducted only in 0.50.0 Hectares of land which is situated on 400 meters away from the College in Survey No. 777. As such, there is no legal impediment for the 2nd Respondent in the writ petition to stop the establishment of the College.
Subsequent to the said Vacate Stay Petition, the Educational Agency of the College itself has filed W.P.(MD) No. 8419 of 2010, seeking to challenge the order dated 29.01.2010, wherein by which, a direction was given to cancel the building plan obtained by the College. That Writ Petition was admitted on 06.07.2010. Pending the Writ Petition, in the application for interim stay, only notice was ordered. Thereafter, the College also filed an application to implead the District Collector, Virudhunagar and the Director of Geology and Mining, Chennai, as 5th and 6th Respondents.
In view of the inter-connectivity between the two Writ Petitions, both the Writ Petitions are directed to be posted together and a common order is passed.
Today when the matter is called, the College has voluntarily filed an affidavit, dated 26.10.2010. The affidavit was sworned to the Secretary of Thalavaipuram Nadars'' Sri Pathirakaliamman College of Arts and Science, Thalavaipuram. In paragraph Nos. 2, 3 and 4, it is averred as follows:
I submit that our College owns 11.27 Acres of land in Survey Nos. 168/6B, 168/7, 170/3, 166/2, 168/3, 168/4 and 168/5A in Zamin Kollankondan Village, Rajapalayam Taluk. I submit that the writ Petitioners and the 4th Respondent have objected for construction of building for our College as the same lies within 300 meters from the mining site in S. No. 777/4, Nakkaneri Panchayat.
3.I submit that our College land begins about 66 meters from the mining site in S. No. 777/4 in Nakkaneri Village, Rajapalayam Taluk. I submit that our land in Survey numbers 168/3 and 168/4 alone are situated within 300 meters from the mining area.
I, on behalf of our College do hereby undertake not to construct any building in S. Nos. 168/3 and 168/4 of Zamin Kollankondan Village, Rajapalayam Taluk.
10.M. Senthilkumar, the learned Counsel also produced a Map of the Village of Zamin Kollankondan Village and Panchayat to show the exact physical features of the proposed College and the quarry lease sought to be sanctioned by the Respondents.
It is the stand of the College that in view of the Sy. No. 168/3 and 168/4 being within the prohibited distance of the quarry site in Sy. No. 777, Sathankulam Rock they have undertook not to construct anything in the said survey number, until the clearance are obtained from the Director of Geology and Mining.
With reference to Sy. No. 777/4, it is admitted that only those two survey numbers are coming within the prohibited distance, and since the College has invested huge amount and established in a backward area for promoting the higher education of students, they should not be stalled from constructing the College, if there is no other impediment.
The counsel for the Petitioner in W.P.(MD) No. 1977 of 2010, has no objection to the College voluntarily restricting their construction in Sy. No. 168/3 and 168/4. On the side of the official Respondents, there has been no written objection till date.
In the light of the stand taken by the College and in view of the affidavit filed by the College dated 26.10.2010 recorded above, there is no impediment for the 5th Respondent College, to construct their building, if they are not objectionable site, which are allegedly 300 meters away from the prohibited distance mentioned in the Rule 36 of the Tamil Nadu Minor Mineral Concession Rules, 1959 from the quarry site.
With these undertaking, both the Writ Petitions are disposed of. If any deviation, it is always open to the official Respondents or aggrieved parties to make appropriate application before this Court. No costs. Consequently, the connected miscellaneous petitions stand closed.