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Madras High CourtWP/17119/2010dismissed as infructuous

M.Hari Babu, v. The State Government Of

2019-07-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P. 17119 of 2010 M.Hari Babu ... Petitioner Vs

1. The State Government of Tamil Nadu, rep. by its Secretary to Government, Industries Department, Fort St. George, Chennai-9.

2. The Commissioner of Geology and Mining, Kancheepuram.

3. The District Collector, Kancheepuram District, Kancheepuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records of the 1st respondent dated 02.07.2010 made in G.O.(D) No.106, Industries (MMC 2) Department also the order passed 2nd respondent's order dated 15.10.2009 in R.C.No.298/MM2/09, and the 3rd respondent's order dated 18.12.2008 in Rc.No.26/06/Q3 and quash the same and direct the respondents permitting the petitioner to quarry in Survey No.879 (part) of Malayambakkam Village, over an extent of 0.25.0 hects. for a period of 451 days out of the full period of 5 years being the non-operative period from the cancellation of lease till the expiry of lease (i.e.) 18.12.2008 to 14.03.2010 (451 days).

For Petitioner : Mr.P.Gunaraj For Respondents : Mr.J.Ramesh, Addl. Govt. Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the respondents 1 to 3 and quash the same and direct the respondents permitting the petitioner to quarry in Survey No.879 (part) of Malayambakkam Village over an extent of 0.25.0 hects. for a period of 451 days out of the full period of 5 years being the non-operative period from the cancellation of lease till the expiry of lease (i.e.) 18.12.2008 to 14.03.2010 (451 days).

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2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that as the lease period was expired on 10.03.2010 itself, nothing survives for further adjudication in this Writ Petition. Hence, he prayed that this writ petition may be dismissed as infructuous and he has also made an endorsement to that effect.

3. Recording the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, State Government of Tamil Nadu, Industries Department, Fort St. George, Chennai-9.

2. The Commissioner of Geology and Mining, Kancheepuram.

3. The District Collector, Kancheepuram District, Kancheepuram.

+1 cc to The Government Pleader, Sr.No.65501 W.P. 17119 of 2010 SAI(C.O.)/ AKM/ 26.08.19/2P-5C / https://hcservices.ecourts.gov.in/hcservices/