Intended To Blackmail Leaseholders: Madras High Court Dismisses Plea To Stop Construction Of Sand Quarries With 50K Cost

The Madras High Court recently dismissed a petition filed to stop the construction of sand quarries at three villages of Nagapattinam District after observing that the same was filed without bonafide.

The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakravarthy held that the petitioner, who himself had a criminal track record under the Mines and Minerals (Development and Regulation) Act, had failed to ascertain facts regarding the quarry leases granted to the respondents before filing the writ petition.

We have considered the submissions and find that the writ petition has been filed alleging illegal quarrying, while the respondents have produced the details of the quarry leases granted in different survey numbers, and thus, it is not a case of illegal quarrying. The petitioner was under obligation to ascertain the facts aforesaid before filing the writ petition and he cannot plead ignorance about the quarry leases granted as per law. We further find that the petitioner is having criminal track record which includes a case under Mines and Minerals (Development and Regulation) Act also.

The court noted that even though the petitioner had made allegations about illegal quarrying by certain persons, none of such persons were impleaded in the writ petition. 

The State Government Pleader, on the other hand, submitted that the lease for quarrying on the land in question was granted under certain conditions and that the allegations were wrongly made by the petitioner. He also informed the court that in fact, the petitioner was found to be involved in illegal quarrying, and thus a case was registered against him. He further submitted that the present petition was filed to blackmail the leaseholders and thus, the writ deserved to be dismissed with a heavy cost.

To this, the petitioner submitted that he had no knowledge regarding the grant of quarry lease by the respondents. As far as the criminal proceedings were considered, he submitted that the same was false cases. 

Taking the overall facts of the case, the court held that the petition was not a bonafide one and was rather filed for a purpose as stated by the State Government Pleader. The court thus deemed it fit to dismiss the petition by imposing a cost of Rs. 50,000 to be paid to the Tamil Nadu Legal Services Authority within 15 days.

The court further directed the Registry to ensure compliance of the order and if the amount was not deposited within the stipulated time, the matter was to be listed again for taking appropriate proceedings in the matter.

Case Title: R.Silambarasan v. Chief Secretary and others

Case No: W.P.No.19924 of 2022

Citation: 2022 LiveLaw (Mad) 345

Counsel for the Petitioner: Mr.G.Savaranabhavan

Counsel for the Respondent: Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.M.D.Muhilan, Government Advocate

Click here to read/download the judgment