Tamilnadu Small Mine Owners v. Secretary, Ministry Of Mines

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-01-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.38724 of 2004 And WPMP No.46277 of 2004 And WVMP No.1989 of 2005 Tamil Nadu Small Mine Owners Federation (Registered) No.171/97 by its President V.Thirunavukkarasu, No.3, Sankari Main Road, Annaanapatti, Salem - 636 002.

...Petitioner

vs.

1. Union of India, Represented by its Secretary, Ministry of Mines, Government of India,

2. Secretary to Government of India, Ministry of Coal and Mines, Department of Mines,

3. State of Tamil Nadu, Represented by its Secretary, Industries Department, Chennai - 600 009.

4. The Controller General of Indian Bureau of Mines, Indira Bhavan, Civil Line, Nagpur - 440 001.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that the provisions of Rule 23F of the

amended Mineral Conservation and Development Rules, 1988 dated 10.04.2003 is void and illegal and unenforceable in respect of the leases executed prior to 10.04.2003 and held by the members of the petitioner-Federation.

For Petitioner : Mr.M.Muthappan For Respondents-1 and 2 : Mr.P.K.Ramesh, Central Government Standing Counsel.

For Respondent-3 : Mr.B.Vijay, Additional Government Pleader.

For Respondent-4 : Mr.M.Sundar

O R D E R

The learned counsel appearing on behalf of the petitioner made a submission that during the pendency of the present writ petition, further amendments were issued to the Rules. Therefore, the relief, as such, sought for in the present writ petition has lost its relevance. Thus, no further adjudication is required in respect of the grounds raised in the present writ petition.

2. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Svn To

1. The Secretary, Union of India, Ministry of Mines, Government of India,

2. The Secretary to Government of India, Ministry of Coal and Mines, Department of Mines,

3. The Secretary, State of Tamil Nadu, Industries Department, Chennai - 600 009.

4. The Controller General of Indian Bureau of Mines, Indira Bhavan,Civil Line, Nagpur - 440 001.

WP 38724 of 2004 PMK[co] NSK 07/02/2022