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Judgment
Vinod K. Sharma, J.—The Petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India,
with a prayer for issuance of a Writ in the nature of a Mandamus to direct the fourth Respondent Collector of Kanyakumari District to issue the
rough stone quarrying licence to the Petitioner, in Survey No. 165 Kalkulam Taluk, Kanyakumari District, without getting the clearance certificate
from the Hill Area Conservation Authority.
In the Affidavit filed in support of this writ petition, the Petitioner has pleaded that he is a Class I Government Contractor, and has undertaken
number of Government works of the Public Works Department and Highways Department. In order to carry out the contract work, the Petitioner
is in need of stones, sand and cement. For that purpose, he purchased a stone quarry in Old Survey No. 6203, New Survey No. 16 5/87 and old
Survey No. 6200 New Survey No. 1 63/87 measuring 2 acres 95 cents at Marunthukkottai, Kalkulam Village, Kalkulam Taluk, Kanyakumari
District in the year 1993 and 1994 respectively.
The Petitioner invested huge amount for installing the crusher for crushing the stones in the purchased plot. The Petitioner was granted
permission for the period of five years from 20.12.1995 to 19.12.2000. The Petitioner was thereafter directed to get the new licence.
In pursuance thereof, the Petitioner applied for grant of the licence on 23.11.2000 after payment of necessary fees.
Since the licence was not granted, the Petitioner filed a representation dated 12.11.2002. The Petitioner along with the representation also filed
a certificate issued by the Conservator of Forest, Tirunelveli Circle, Tirunelveli, Report of the Tahsildar, Kalkulam, Consent letter of Tamil Nadu
Pollution Control Board, Report of District Forest Officer, the certificate issued by the Department of Agricultural Engineering and the certificate
issued by the Assistant Geologist, Department of Geology and Mining, Nagercoil and that of Assistant Director, Geology and Mining, Nagercoil
along with the recommendation letter for grant of licence for five years by the R.D.O. Kalkulam, Kanyakumari District.
The application moved by the Petitioner was duly recommended by the fourth Respondent to the Special Commissioner, Town and Country
Planning, Chennai for getting clearance of Area Conservation Authority.
It is the case of the Petitioner that the Hill Area Conservation Authority considered the matter on 17.08.2005, but decided to defer the request
because of the pendency of the writ petition, which according to the Petitioner stands dismissed, against which an Appeal in W.A. No. 1336 of
2002 is pending.
It is also the case of the Petitioner that the Hill Area Conservation Authority did not reject his application, but merely deferred it, in view of the
pendency of W.A. No. 1336 of 2002.
It is the case of the Petitioner that in the writ appeal, implementation of the TNPPF Act in Kanyakumari District has been stayed by the Principal
Bench. It is also the case of the Petitioner that the area, in possession of the Petitioner, is not sufficient to be declared as private forest by the fourth
Respondent committee. The Petitioner has raised a plea that the the provisions of Preservation of Private Forest Act, does not apply to the case of
the Petitioner, and by placing reliance on the interim injunction granted in the writ appeal, learned Counsel for the Petitioner prays for necessary
direction to the Respondents, to consider and grant the licence applied for.
It is not in dispute that the Petitioner, before approaching this Court, has filed a representation with the fourth Respondent/Collector of
Kanyakumari District, Nagercoil for taking decision on the application moved by the Petitioner. It is admitted by the learned Counsel appearing for
the parties, that so far no decision has been taken on the application for grant of licence.
Consequently, at this stage, this writ petition is disposed of, with a direction to the Respondents to take a final decision on the application made
by the Petitioner for grant of licence, a nd in case the Respondents decide to reject the claim of the Petitioner, they shall pass a detailed speaking
order, giving reasons therefor. The order on the application be passed within a period of two months, from the date of receipt of a certified copy of
this order.