(Prayer: To issue a Writ of Mandamus, directing the 5th Respondent to provide adequate police protection to the Petitioner for transportation and operation of the quarry in S.F.No.84/2C1, 84/2D1, 84/2E1, 84/2C2, 84/2D, 84/2A, 84/2E2, 84/2J, 84/2K and 84/2L Kallanai Village, Kallikudi Taluk, Madurai District.)

1. This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the 5th Respondent to provide adequate police protection to the Petitioner for transportation and operation of the quarry in S.F.No. 84/2C1, 84/2D1, 84/2E1, 84/2C2, 84/2D, 84/2A, 84/2E2, 84/2J, 84/2K and 84/2L Kallanai Village, Kallikudi Taluk, Madurai District.

2. Learned counsel for the petitioner submitted that he is the owner of the land in S.F.No.84/2C1, 84/2D1, 84/2E1, 84/2C2, 84/2D, 84/2A, 84/2E2, 84/2J, 84/2K and 84/2L, measuring to an extent of about 1.62.17 hectares in Kallanai Village, Kallikudi Taluk, Madurai District. The petitioner is doing quarry works in the aforesaid lands as well as the adjacent lands for the past 20 years since 1998. He applied for quarrying rough stones and gravel deposit from the said lands. His application was considered and after obtaining necessary permission from all the authorities concerned, following the relevant legal procedures, licenses was granted in March, 2023, to quarry rough stones from the above lands for a period of 10 years starting from 09.08.2024. Subsequently, the second respondent entered lease dead on 09.08.2024. On obtaining the lease to quarry the rough stones, the petitioner started quarry work and rough stones are being quarried from the said lands for the past three years without any violations. The aforesaid quarry lands are land locked on all the side.

3. The learned counsel pointed out that there is a traditional access as shown in the revenue records passing through the lands in S.Nos. 84/2F, 84/5, 84/1 and 83/1 to reach the Ulagani to Thomakulam road. In view of the traditional access as recorded in revenue records, the revenue authorities recommended for quarrying stones by accepting it as an access. The quarried stones are carried by the lorries all these years through the access path (epytpay; ghij) to reach the main road. The said lands through which the access passes (epytpay; ghij) the land bearing S.Nos.84/2F, 84/5 and 84/1 are all patta lands owned by the petitioner. However, the lands comprised in survey Nos.83/1 is originally classified as Tharisu Mayanam (graveyard) in revenue records. The said land is measuring an extent of 63 cents and the revenue path (epytpay; ghij) crosses the said land from South to North at the Western side. The land is classified as Mayanam till today, but not a single burial / cremation has taken place in the said land. In the Kallanai Village only Hindus are residing and all those villagers would bury / cremate their dead in the Mayanam situated at a different place situated on the eastern side of the village. While so, the respondents 6 to 10, with an extent to extort money from the petitioner, are continuously instigating the villagers to prevent lorries passing through the revenue path (epytpay; ghij) causing harassments.

4. It is very unfortunate state of affairs that the 10th respondent is misusing his official capacity and conspiring together with the other private respondents to somehow prevent the petitioner from carrying out the quarry operation. The petitioner belongs to a scheduled caste community and belongs to Chinna Udaippu village, which is 20 kms away from the Kallanai village. The persons who are hindering the petitioner's lorry carrying quarried materials are acting purely on caste prejudice and jealousy. Hence the petitioner on 03.03.2026, submitted a complainant in person to the first and second respondents. However, no action has been taken. Hence he submitted a representation on 18.03.2026 to the first respondent. Though survey was conducted, no action is taken to prevent such people from blocking the lorries and causing harassments to the employees. Hence on 24.03.2026, the petitioner had sent a representation to yet another respondents including the fourth respondent seeking police protection to transport quarried stones and for the operation of the quarry in S.F.No.84/2C1, 84/2D1, 84/2E1, 84/2C2, 84/2D, 84/2A, 84/2E2, 84/2J, 84/2K and 84/2L Kallanai Village, Kallikudi Taluk, Madurai District. Though the same was taken on file in CSR No.26 of 2026, the respondents are not taking any necessary action to ensure transportation and operation. Hence, he sought the indulgence of this Court.

5. When the matter came up for hearing, learned Government Advocate appearing for the respondents 1, 3 and 4 submitted that as per the submission made by the learned counsel for the petitioner, the land comprised in Survey No.83/1 situated at Kallanai Village, is classified as Tharisu Mayanam and there is no dispute about the fact that the revenue access (epytpay; ghij) is shown in dotted lines in the UDR FMB pertaining to the aforesaid Survey No.83/1 to the extent of 0.27.50 Ares.

6. However, the learned counsel pointed out that by the proceedings of the Deputy Director, Mines and Minerals, Madurai District, bearing Na.Ka.No.595/Mines/2026 dated Nil.06.2026, signed on 09.06.2026, the quarry belonging to the petitioner has been temporarily closed for violation of license conditions.

7. Heard either sides and carefully perused the materials available on record.

8. Though the learned for the petitioner submitted that the presence of revenue access (epytpay; ghij) in Survey No.83/1, situated at Kallanai Village, Madurai District, would ensure his right to access through the Government Poromboke land which is classified as Tharisu Mayaanam and his right to movement being a fundamental right cannot be restricted.

9. The prayer sought for in this writ petition is only to afford police protection to the petitioner for transportation and operation of quarry. Now by the proceedings of the Deputy Director, Mines and Minerals Department, Madurai District, dated Nil.06.2026, signed on 09.06.2026, the petitioner's quarry is temporarily closed and the prayer sought for in this writ petition has become infructuous. Therefore, leaving open the question of the petitioner's right to access through the revenue access (epytpay; ghij) crosses 0.27.50 ares land comprised in S.No.83/1, which is classified as Tharisu Mayaanam (Government Poromboke Graveyard), this Writ Petition is disposed of. Consequently, connected miscellaneous petition stands closed.