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2013 DIGILAW 4101 (MAD)

P. Nagaraj v. Assistant Engineer

2013-12-05

S.MANIKUMAR

body2013
JUDGMENT 1. A lease holder, under the Tamil Nadu Minor Mineral Concession Rules, 1959, having quarrying rights, in respect of lands in sought for a writ of mandamus, directing the respondents, not to effect any electricity service connection within the radius of 300 meters from the quarry site in the above said survey numbers. 2. In support of the prayer sought for, the petitioner has relied on Rule 36 (1-A) (C) of the Tamil Nadu Minor Mineral Concession Rules, 1959, which reads as follows:- “No new layout, building plans falling within 300 metres from any quarry should be given approval by any agency unless prior clearance of the Director of Geology and Mining is obtained. On receipt of proposals for according clearance, the Director of Geology and Mining shall decide upon the continuance or closure, as the case may be, of any quarry which is situated within 300 meters from the new layout, buildings sought for such clearance.” 3. It is the case of the petitioner that some third parties are intending to develop the plots near the quarry site within the radius of 300 metres. The petitioner gave a lawyer’s notice dated 03.05.2013 to the respondents and requested them not to provide any electricity connection within the radius of 300 meters from the quarry site. As there was no response, the petitioner has filed the present writ petition for the relief stated supra. 4. When the matter came up on 25.06.2013, the District Collector, Coimbatore, has filed his counter affidavit, contending inter alia that the petitioner has been granted lease for quarrying rough stone in Survey No.39/2 over an extent of 1.12.5 hectares, 106/1B (part) over an extent of 0.40.5 hectares and 106/1D (part) over an extent of 0.37.5 hectares, totaling 1.90.5 hectares in Kannampalayam Village, Sulur Taluk vide Collector’s proceedings in Rc.No. 299/2009/MM2 dated 18.05.2010, for a period of five years and that the lease expires on 17.05.2015. The District Collector, has further stated that there is an unapproved layout, namely, Dhanalakshmi Nagar located in Survey No. 102(Part) of Kannampalayam Village, Sulur Taluk. There are 19 unapproved houses in Dhanalakshmi Nagar. The distance between the area leased for quarrying (Survey No.106/1B of Kannampalayam Village, Sulur Taluk) and the unapproved house site is 104 metres to 300 metres. There is a water tank and waste dumping yard located in Dhanalakshmi Nagar house site area. There are 19 unapproved houses in Dhanalakshmi Nagar. The distance between the area leased for quarrying (Survey No.106/1B of Kannampalayam Village, Sulur Taluk) and the unapproved house site is 104 metres to 300 metres. There is a water tank and waste dumping yard located in Dhanalakshmi Nagar house site area. This has been handed over to Kannampalayam Panchayat. The District Collector, has also stated that there is a Cotton Mill located at a distance of 116 metres away from the area leased out for quarrying, wherein, electric power connection has been given. It is also his contention that there is a Harijan natham located in Survey No. 99 (Part) and 102 (Part) of Kannampalayam Village, Sulur Taluk. The distance between the area leased out for quarrying rough stone and the Harijan natham is 310 metres, wherein, houses have been constructed and power connection has been given. It is also the case of the District Collector that there is an electric line and post located at a distance of 57 meters away from the boundary of the area leased out to Mr.P.Nagaraj, the writ petitioner, for quarrying rough stone and from this electric post, power connection has been given to the quarry labourer’s shed and stone crushing unit, owned by the petitioner. A poultry shed and an approved house is located at a distance of 220 meters away from the boundary of leased out area and electric connection has also been given to the house and poultry shed. According to the District Collector, Coimbatore, for the past 5 to 10 years, people are residing in Dhanalakshmi Nagar, unapproved house sites. The residents of the said Nagar are Lacking basic amenities of electric power connection and that power connection is not given to them on the ground that they have constructed houses in unapproved house sites. 5. The District Collector has further stated that when the petitioner is having power connection for his labourer’s shed and crushing unit, he has sought for an injunction restraining the respondents from effecting any electricity services connection to others, within 300 metres radius. Along with the counter affidavit, Deputy Director, Geology and Mining, Coimbatore, has also filed his Inspection Report dated 28.09.2013 6. For the reasons stated supra and on the basis of the report, the learned Additional Government Pleader made submissions and prayed for dismissal of the writ petition. 7. Along with the counter affidavit, Deputy Director, Geology and Mining, Coimbatore, has also filed his Inspection Report dated 28.09.2013 6. For the reasons stated supra and on the basis of the report, the learned Additional Government Pleader made submissions and prayed for dismissal of the writ petition. 7. However, quite contrary to the stand of the District Collector, Coimbatore, the Assitant Engineer, Tamil Nadu Electricity Board, Kannampalayam, Sulur Taluk, Coimbatore, in his counter affidavit, has stated that one Mr. Ayyaswamy and 2 others submitted applications on 13.03.2006 for new domestic service connection and that the same were returned, as the property was situated within 300 meters radius. A reply dated 26.04.2006 has also been given by the Executive Engineer stating that service connection cannot be granted due to the reason that the property is situated within 300 meters radius. The subsequent representation, dated 07.05.2013, by Mr. Ayyaswamy and 2 others, has been replied, by stating that it is not feasible to grant service connection to the property, due the above said reason. 8. The Assistant Engineer, Tamil Nadu Electricity Board, Kannampalayam, Sulur Taluk, Coimbatore, has further stated that till the date of filing of the counter affidavit dated 06.06.2013, no service connection has been effected within 300 meters from the quarry site. 9. In this context, this Court deams it fit to refer to the Inspection Report of the Deputy Director, Geology and Mining, Coimbatore, which reads as follows:- “As per the direction of the District Collector the area leased out to Thiru. P.Nagaraj for quarrying rough stone in Survey No.39/2 over an extent of 1.12.5 hectares, 106/1B (Part) over an extent of 0.40.5 hectares, 106/1D (Part) over an extent of 0.37.5 hectares total extent of 1.90.5 hectares in 28.09.2013 along with the special Revenue Inspector, Mines and the Village Administrative Officer, Kannampalayam Village, Sulur Taluk to verify whether the area granted for lease falls outside the inhabited site. Thiru.P.Nagaraj has been granted a lease for quarrying rough stone in Survey No.39/2 over an extent of 1.12.5 hectares, 106/1B (Part) over an extent of 0.40.5 hectares & 106/1D (Part) over an extent of 0.37.5 hectares total extent of 1.90.5 hectares in Kannampalayam Village, Sulur Taluk vide Collector proceedings Rc.No.299/2009/MM2 dated 18.05.2010 for a period of five years and the lease is valid upto 17.5.2015. As per Rule 36 (1-A) of Tamil Nadu Minor Mineral Concession Rules 1959, no lease shall be granted for quarrying stone within 300 metres (three hundred metres) from any inhabited site. It is submitted that for the purpose of sub-rules(1) and (1-A) ‘inhabited site’ shall mean a village site or town site or a house site as referred to in the revenue records or a house site or layout approved by a Local Body or Town or Country of Metropolitan Planning Authority, where the said body or Authority is created under a statute and empowered to approve such an area as a house site or layout area. The area leased out for quarrying in Survey No.39/2 over an extent of 1.12.5 hectares, 106 1(B) (Part) over an extent of 0.40.5 hectares & 106/1D (Part) over an extent of 0.37.5 hectares total extent of 1.90.5 hectares in Kannampalayam Village, Sulur Taluk falls outside the Kannampalayam Village, Sulur Taluk falls outside the inhabited site as defined under Rule 36(1-A) (a) of Tamil Nadu Minor Mineral Concession Rules 1959. There is an unapproved layout namely Dhanalakshmi Nagar located in Survey No. 102 (Part) of Kannampalayam Village, Sulur Taluk. There are 19 unapproved houses in Dhanalakshmi Nagar. The distance between the area leased and for quarrying (Survey No. 106/1B of Kannampalayam Village, Sulur Taluk) and the unapproved house site are 104 metres to 300 metres. There is a Cotton Mill located at a distance of 116 metres away from the area leased out for quarrying wherein electric power connection has been given. There is a Harijan natham in Survey No.99 (Part) and 102 (Part) of Kannampalayam Village, Sulur Taluk. The distance between the area leased out for quarrying rough stone and the harijan natham is 310 metres wherein houses were constructed and power connection has been given to the houses. There is an electric line and post located at a distance of 57 metres away from the boundary of the area leased out to Thiru.P.Nagaraj for quarrying rough stone and from this electric post, power connection has been given to the quarry labourer’s shed and his stone crushing unit. There is a poultry shed and an approved house is located at a distance of 220 meters away from the boundary of the area leased out and electric power connection has also given for the house and the poultry shed. There is a poultry shed and an approved house is located at a distance of 220 meters away from the boundary of the area leased out and electric power connection has also given for the house and the poultry shed. The people are residing at Dhanalakshmi Nagar unapproved house sites for the past 5 to 10 years. The residents of Dhanalakshmi Nagar are lacking basic amenities of electric power connection and no power connections has been given by the authorities stating that they have constructed houses in unapproved house sites. When the petitioner is having power connection for his labourer’s shed and his crushing unit, the petitioner has approached this Hon’ble High Court, praying injunction restraining the respondents from effecting any electricity connection located within 300 metres from the prohibited distance from the leased out for quarrying rough stone in Survey No. 39/2(P), 106/1B (P) and 106/1D (P) of Kannampalayam Village, Sulur Taluk deserves no consideration.” 10. As per the report, there is a Cotton Mill at a distance of 116 metres away from the area leased out for quarrying, wherein, electric power connection has been given. There is an unapproved layout, namely, Dhanalakshmi Nagar located in Survey No. 102 (part) of Kannampalayam Village, Sulur Taluk, wherein. There are 19 houses. The distance between the area leased for quarrying (survey No.106/1B of Kannampalyam Village, Sulur Taluk) and the unapproved house site is 104 metres to 300 metres. There is a Harijan Natham in Survey No.99 (part) and 102 (Part) of Kannampalayam Village, Sulur Taluk. The distance between the area leased out for quarrying rough stone and the Harijan natham is 310 metres. Power supply has been granted to the houses constructed in Harijan natham. There is a poultry shed and an approved house located at a distance of 220 metres away from the boundary line of the area leased out to the petitioner. Both the house and the poultry shed are provided with electricity. 57 metres away from the boundary of the area, there is an electric line and post. The petitioner has drawn connection from this particular electric post to his labourer’s shed, as well as to the stone crushing unit. 11. According to the Deputy Director, Geology and Mining, people residing in Dhanalakshmi Nagar for the past 5 to 10 years do not have the basic amenities of electric power connection, though they have constructed houses. The petitioner has drawn connection from this particular electric post to his labourer’s shed, as well as to the stone crushing unit. 11. According to the Deputy Director, Geology and Mining, people residing in Dhanalakshmi Nagar for the past 5 to 10 years do not have the basic amenities of electric power connection, though they have constructed houses. It is also the case of the Deputy Director, that though the petitioner is having power connection for his labourer’s shed and crushing unit, he has sought for injunction from effecting any electricity connection within 300 meres. 12. Material on record discloses that the petitioner has crushing unit, but with a clear intention of opposing supply of electricity to others, living within a distance of 300 meters, from the quarry site, seemed to have sent a representation not to provide electricity to anybody within 300 metres from leased out area in S.F.Nos.39/2(p), 106/1B(p) and 106/1D(p) of Kannampalayam Village, Sulur Taluk (formerly Palladam Taluk), Coimbatore District, and alleging failure on the part of the respondents in discharging their duties, has filed the present writ petition. 13. In W.P. No. 17608 of 2013 dated 27.09.2013 (T.M. Prakash and other v. The District Collector, Thiruvannamalai), this Court held that non-supply of electricity to the poor and needy and those who live in Government Poramboke lands, would be violative of Article 14 and 21 of the Constitution of India. 14. From the material on record, it could be deduced that there are many people living in Dhanalakshmi Nagar, for the past 5 to 10 years, without basic amenities, though they have constructed houses. Poultry shed is within 220 metres. Thus it could be seen that the people who are in an affordable position, have access to electricity, but the poor people are living in darkness, for years together. Poultry shed is within 220 metres. Thus it could be seen that the people who are in an affordable position, have access to electricity, but the poor people are living in darkness, for years together. It is unfortunate that the Assitant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., CEDC/METRO, Kannampalayam, Coimbatore-2, who is the competent authority to provide electricity under the Electricity Act, has failed to take note the fact that if the quarry labourer’s shed and crushing unit falling within a distance of 57 metres from the boundary of the area leased out to the petitioner and the poultry shed and an approved house located at a distance of 220 metres away from the boundary of the area leased out, could be given electricity connection, it is not known as to how, he could reject the application of one Mr.Ayyaswamy and 2 others on the ground that their respective houses are within a distance of 300 metres from the quarry site. In the humble opinion of this Court, in so far as providing basic amenities, there is no question of discrimination between rich or raff. 15. In the light of the above discussions, this Court is not inclined to issue a mandamus as sought for by the petitioner. Accordingly, the writ petition is dismissed. No costs. Connected miscellaneous petition is closed.