B.N.Saravanan v. The Principal Secretary

2024:MHC:1217

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH B.N.Saravanan .. Petitioner vs 1.The Principal Secretary, Industries Department, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Salem District.

4.The Thasildar Edapadi, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing 1st respondent herein to consider and dispose representation dated 10.11.2021 for grant of Mining Lease for Magnasite and Dunite in the Land comprised in Survey No. 81(P) situate in the Poromboke land at Pakkanadu Village, Edapadi Taluk, Salem District.

For Petitioner :

No appearance For Respondents :

Mr.G.Nanmaran Special Government Pleader

ORDER

There was no appearance for the petitioner on 28.02.2024 1/4

and it was directed to be listed today under the caption 'for dismissal', when also petitioner is called absent. 2.

On 28.02.2024, the following order was passed:- "Petitioner prays for a mandamus directing the first respondent to consider and dispose representation dated 10.11.2021 for grant of mining lease for Magnasite and Dunite in the Survey No. 81(P) situate in Poromboke land, Pakkanadu Village, Edapadi Taluk, Salem District (property in question).

2. Counter has been filed on behalf of R3 wherein they refer to the application filed by the petitioner on 05.01.2005 for grant of mining lease in respect of the property in question, and state that it cannot be entertained and is ineligible as per Section 10A(1) of the Mines and Minerals (Development and Regulation) Amendment Act, 2015.

3. In light of the same, prima facie, there would be no point in granting mandamus as sought for as the request has been denied in the counter filed.

4. Since there is no appearance on behalf of the petitioner, list under the caption 'for dismissal' on 06.03.2024.

5. Print the name of Mr.Nanmaran, learned Special Government Pleader, for official respondents in place of Mr.B.Vijay, learned SGP."

3.

In light of the aforesaid, and also for the reason that the petitioner is clearly disinterested now, this writ petition is dismissed. No costs.

07.03.2024 Index:Yes/No Speaking Order ssm 2/4

To 1.The Principal Secretary, Industries Department, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Salem District.

4.The Thasildar Edapadi, Salem District.

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DR. ANITA SUMANTH,J.

ssm 07.03.2024 4/4