Galaxy Enterprises v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Writ Petition No.2563 of 2021 Galaxy Enterprises, Rep. by its Proprietor S.R.Kumar ... Petitioner vs.
1.
The Government of Tamil Nadu, Rep. by Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.
The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai - 600 032.
3.
The District Collector, Vellore District, Vellore.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to direct the 1st respondent to consider and dispose of the Renewal Application of the petitioner dated 3.12.2001 in respect of the granite quarry in S.F. No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, formerly North Arcot Ambedkar District on merits and in accordance with law within the time frame fixed by this Hon'ble Court.
For Petitioner :
Mr.V.Sanjeevi For Respondents:
Mr.Akhil Akbar Ali Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider and dispose the renewal application of the petitioner dated 03.12.2001 in respect of granite quarry in SF.No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, formerly North Arcot Ambedkar District, within a time frame to be fixed by this Court.
2. Heard Mr.V.Sanjeevi, learned counsel for the petitioner and Mr.Akhil Akbar Ali, learned Government Advocate accepts
notice on behalf of the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.
4. It is the case of the petitioner that he was granted mining lease by the respondents which expired on 21.09.2000. According to the petitioner, even before the expiry of the mining lease, they had sought for renewal of mining lease. However, the same was not considered till date. The petitioner has also filed a renewal application on 03.12.2001 seeking for renewal which was not considered by the respondents. In such circumstances, the petitioner has filed this writ petition.
5. The relief sought for in this writ petition is an innocuous one. The petitioner is having a mining lease which expired on 21.09.2000. According to the petitioner, even before the expiry of the mining lease, he had sought for renewal. It is the case of the petitioner that till date, the said renewal application has not been considered. According to the petitioner, he also submitted a renewal application on 03.12.2001 seeking for renewal of the mining lease. Admittedly, the said renewal application has not been considered by the respondents till date.
6. No prejudice will be caused to the respondents, if the renewal application of the petitioner is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner.
7. For the foregoing reasons, this Court directs the first respondent to consider the petitioner's application dated 03.12.2001 seeking for renewal of mining lease in respect of granite quarry in SF.No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, and pass final orders on merits and in accordance with law after hearing all the necessary parties including the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2 To:
1.
The Secretary to Government, Government of Tamil Nadu, Industries Department, Fort St.George, Chennai - 600 009.
2.
The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai - 600 032.
3.
The District Collector, Vellore District, Vellore.
+1cc to Mr.V.Sanjeevi, Advocate, S.R.No. 6587 W.P.No.2563 of 2021 LN(CO) GN(12/02/2021)